[R.O. 2011 §7-81; Ord. No. 2928 §1, 11-2-1998]
A.
Purpose. It is the purpose of this Chapter to regulate sexually-oriented
businesses and related activities to promote the health, safety, morals,
and general welfare of the citizens of the City, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually-oriented businesses within the City.
The provisions of this Chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually-oriented materials. Similarly, it is
not the intent nor effect of this Chapter to restrict or deny access
by adults to sexually-oriented materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually-oriented
entertainment to their intended market. Neither is it the intent nor
effect of this Chapter to condone or legitimize the distribution of
obscene materials.
B.
Findings. Based on evidence concerning the adverse secondary
effects of adult uses on the community presented in hearings and in
reports made available to the Board of Aldermen, and on findings incorporated
in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.
41 (1986); Young v. American Mini Theaters, 426 U.S. 50 (1976); and
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Arcara v. Cloud
Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109
(1972); Iacobucci v. City of Newport, Kentucky, 479 U.S. 92 (1986);
United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of
Chattanooga, 107 F.3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County,
793 F.2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington,
65 F.3d 1248 (5th Cir. 1995); and South Florida Free Beaches, Inc.
v. City of Miami, 734 F.2d 608 (11th Cir. 1984), as well as studies
conducted in other Cities including, but not limited to, Phoenix,
Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana;
Amarillo, Texas; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings
reported in the Final Report of the Attorney General's Commission
on Pornography (1086), the Report of the Attorney General's Working
Group on the Regulation of Sexually-Oriented Businesses (June 6, 1989,
State of Minnesota), and statistics obtained from the U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
the Board of Aldermen finds that:
1.
Sexually-oriented
businesses lend themselves to ancillary unlawful and unhealthy activities
that are presently uncontrolled by the operators of the establishments.
Further, there is presently no mechanism to make owners of these establishments
responsibly for the activities that occur on their premises.
2.
Crime
statistics show that all types of crimes, especially sex-related crimes,
occur with more frequency in neighborhoods where sexually-oriented
businesses are located. See, e.g., Studies of the Cities of Phoenix,
Arizona; Indianapolis, Indiana; and Austin, Texas.
3.
Sexual
acts, including masturbation, and oral and anal sex, occur at sexually-oriented
businesses, especially those which provide private or semi-private
booths or cubicles for viewing films, videos, or live sex shows. See,
e.g., California v. LaRue, 409 U.S. 109, 111 (1972); See also Final
Report of the Attorney General's Commission on Pornography (1986)
at 377.
4.
Offering
and providing such booths and/or cubicles encourages such activities,
which creates unhealthy conditions. See, e.g., Final Report of the
Attorney General's Commission on Pornography (1986) at 376-77.
5.
Persons
frequent certain adult theaters, adult arcades, and other sexually-oriented
businesses for the purpose of engaging in sex within the premises
of such sexually-oriented businesses. See, e.g., Arcara v. Cloud Books,
Inc., 478 U.S. 697, 698 (1986); see also Final Report of the Attorney
General's Commission on Pornography (1986) at 376-77.
6.
At least
fifty (50) communicable diseases may be spread by activities occurring
in sexually-oriented businesses including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections,
and shigella infections. See, e.g., Study of Fort Meyers, Florida.
7.
For
the period 1985 through 1995, the total number of reported cases of
AIDS in the United States caused by the immunodeficiency virus (HIV)
was five hundred twenty-three thousand fifty-six (523,056). See, e.g.,
Statistics of the U.S. Department of Health and Human Services, Centers
for Disease Control and Prevention.
8.
As of
June, 1998, there have been seven thousand six hundred eighty-seven
(7,687) reported cases of AIDS in the State of Missouri.
9.
Since
1981 and to the present, there has been an increasing cumulative number
of persons testing positive for HIV antibody test in Missouri.
10.
The
total number of cases of early (less than one (1) year) syphilis in
the United States reported during the ten (10) year period 1985 —
1995 was three hundred sixty-seven thousand seven hundred ninety-six
(367,796). See, e.g., Statistics of the U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention.
11.
The
number of cases of gonorrhea in the United States reported annually
remains at a high level with a total of one million two hundred fifty
thousand five hundred eighty-one (1,250,581) cases reported during
the period 1993 — 1995. See, e.g., Statistics of the U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention.
12.
The
Surgeon General of the United States in his/her report of October
22, 1986, advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug use, exposure
to infected blood and blood components, and from an infected mother
to her newborn.
13.
According
to the best scientific evidence available, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts. See, e.g., Findings of the U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention.
14.
Sanitary
conditions in some sexually-oriented businesses are unhealthy, in
part, because the activities conducted there are unhealthy, and, in
part, because of the unregulated nature of the activities and the
failure of the owners and the operators of the facilities to self-regulate
those activities and maintain those facilities. See, e.g., Final Report
of the Attorney General's Commission on Pornography (1986) at 377.
15.
Numerous
studies and reports have determined that bodily fluids, including
semen and urine, are found in the areas of sexually-oriented businesses
where persons view "adult" oriented films. See, e.g., Final Report
of the Attorney General's Commission on Pornography (1986) at 377.
16.
Nude
dancing in adult establishments encourages prostitution, increases
sexual assaults, and attracts other criminal activity. See, e.g.,
Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991).
17.
Nude
dancing in adult establishments increases the likelihood of drug dealing
and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053,
1056 (9th Cir. 1986).
18.
The
findings noted in paragraphs numbered (1) through (17) raise substantial
governmental concerns.
19.
Sexually-oriented
businesses have operational characteristics which should be reasonably
regulated in order to protect those substantial governmental concerns.
20.
A
reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually-oriented businesses. Further, such a licensing procedure
will place a heretofore non-existent incentive on the operators to
see that the sexually-oriented business is run in a manner consistent
with the health, safety, and welfare of its patrons and employees,
as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually-oriented business, fully in possession and control of
the premises and activities occurring therein.
21.
Removal
of doors on adult booths and requiring sufficient lighting on the
premises with adult booths advances a substantial governmental interest
in curbing the illegal and unsanitary sexual activity occurring in
adult establishments.
22.
The
disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of the sexually-oriented
business, where such information is substantially related to the significant
governmental interest in the operation of such uses, will aid in preventing
the spread of sexually transmitted diseases and criminal activity.
23.
It
is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct this Chapter is designed to prevent
or who are likely to be witnesses to such activity.
24.
The
fact that an applicant for a sexually-oriented business license has
been convicted of a sex-related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention to
this Chapter.
25.
The
barring of such individuals from operation or employment in sexually-oriented
businesses for a period of ten (10) years for a previous felony conviction
serves as a deterrent to and prevents conduct which leads to the transmission
of sexually transmitted diseases.
26.
The
general welfare, health, morals, and safety of the citizens of this
City will be promoted by the enactment of this Chapter.
[R.O. 2011 §7-82; Ord. No. 2928 §2, 11-2-1998]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
A commercial establishment which, as one (1) 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:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade.
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.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas";
and has a sign visible from the public right-of-way that advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than twenty-four (24) hours.
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.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or semi-nudity, and/or live performances
that are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities".
The Chief of Police and such employee(s) of the Police Department
as he/she may designate to perform the duties of the director under
this Chapter.
Describe and pertain to 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.
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.
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.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business; or
The addition of any sexually oriented business to any other
existing sexually oriented business.
A facility licensed by the State of Missouri, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than twelve (12) children under
fourteen (14) years of age, where such children are not related by
blood, marriage or adoption to the owner or operator of the facility,
for less than twenty-four (24) hours a day, regardless of whether
or not the facility is operated for a profit or charges for the services
it offers.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft, or cleavage with less than a fully opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any part of the nipple or areola.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the sexually-oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually-oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 625.040 of this Chapter.
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:
By a college, junior college, or university supported entirely
or partly by taxation;
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
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.
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.
An adult bookstore or adult video store, an adult cabaret,
an adult motion picture theater, a semi-nude model studio, or a sexual
encounter center.
Any of the following specified offenses for which less than
eight (8) years has elapsed since the date of conviction or the date
of release from confinement for the conviction, whichever is later:
Rape and sexual assault offenses;
Sexual offenses involving minors;
Offenses involving prostitution;
Obscenity offenses;
Offenses involving money laundering;
Offenses involving tax evasion;
Any attempt, solicitation, or conspiracy to commit one (1) of
the offenses listed in Subparagraphs (1) to (6) of this definition;
Any offense committed in another jurisdiction which if committed
in this State would have constituted an offense listed in Subparagraphs
(1) to (7) of this definition.
Any of the following:
At least thirty percent (30%) of the item or items so modified.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[R.O. 2011 §7-83; Ord. No. 2928 §3, 11-2-1998]
[R.O. 2011 §7-84; Ord. No. 2928 §4, 11-2-1998]
A.
It shall
be unlawful:
1.
For
any person to operate a sexually-oriented business without a valid
sexually-oriented business license issued by the Director pursuant
to this Chapter;
2.
For
any person who operates a sexually-oriented business to employ a person
to work and/or perform services on the premises of the sexually-oriented
business, if such employee is not in possession of a valid sexually-oriented
business employee license issued to such employee by the Director
pursuant to this Chapter;
3.
For
any person to obtain employment with a sexually-oriented business
if such person is not in possession of a valid sexually-oriented business
employee license issued to such person by the Director pursuant to
this Chapter.
4.
It shall
be a defense to Subdivisions (2) and (3) of this Subsection if the
employment is of limited duration and for the sole purpose of repair
and/or maintenance of machinery, equipment, or the premises.
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Violation of any provision within this Subsection shall constitute
an ordinance violation.
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B.
An application
for a sexually-oriented business license must be made on a form provided
by the City. The application must be accompanied by a sketch or a
diagram showing the configuration of the premises, including a statement
of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six (6) inches. Prior to issuance
of a license, the premises must be inspected by the Health Department,
Fire Department, Building Department, and Zoning Department.
C.
An application
for a sexually-oriented business employee license must be made on
a form provided by the City.
D.
All applicants
for a license must be qualified according to the provisions of this
Chapter. The application may request, and the applicant shall provide,
such information (including fingerprints) as to enable the City to
determine whether the applicant meets the qualifications established
under this Chapter. The applicant has an affirmative duty to supplement
an application with new information received subsequent to the date
the application was deemed completed.
E.
If a
person who wishes to own/operate a sexually-oriented business is an
individual, he/she must sign the application for a business license
as applicant. If a person who wishes to operate a sexually-oriented
business is other than an individual, each individual who has a ten
percent (10%) or greater interest in the business must sign the application
for a business license as applicant.
F.
Applications
for a business license, whether original or renewal, must be made
to the Director by the intended operator of the enterprise. Applications
must be submitted to the office of the Director or the Director's
designee during regular working hours. Application forms shall be
supplied by the Director. The following information shall be provided
on the application form:
1.
The
name, street address (and mailing address if different) of the applicant(s);
2.
A recent
photograph of the applicant(s);
3.
The
applicant's driver's license number, Social Security number, and/or
his/her State or Federally issued tax identification number;
4.
The
name under which the establishment is to be operated and a general
description of the services to be provided.
5.
Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 625.020, and, if so, the "specified criminal activity" involved, the date, place, and jurisdiction of each;
6.
Whether
the applicant, or a person residing with the applicant, has had a
previous license under this Chapter or other similar sexually-oriented
business ordinance from another City or County denied, suspended or
revoked, including the name and location of the sexually-oriented
business for which the business license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant is or has been
a partner in a partnership or an officer, director or principal stockholder
of a corporation that is or was licensed under a sexually-oriented
business ordinance whose business license has previously been denied,
suspended or revoked, including the name and location of the sexually-oriented
business for which the business license was denied, suspended or revoked
as well as the date of denial, suspension or revocation;
7.
Whether
the applicant or a person residing with the applicant holds any other
licenses under this Chapter or other similar sexually-oriented business
ordinance from another City or County and, if so, the names and locations
of such other licensed businesses;
8.
The single classification of license, as found in Section 625.030, for which the applicant is filing;
9.
The
telephone number of the establishment;
10.
The
address and legal description of the tract of land on which the establishment
is to be located;
11.
If
the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought,
and the date on which the establishment began operations as a sexually-oriented
business at the location for which the business license is sought;
12.
If
the establishment is not in operation, the expected start-up date
(which shall be expressed in number of days from the date of issuance
of the business license). If the expected start-up date is to be more
than ten (10) days following the date of issuance of the business
license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement
of the owner's time schedule and plan for accomplishing the same;
13.
If an applicant wishes to operate a sexually-oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section 625.190 of this Chapter.
G.
Each
application for a business license shall be accompanied by the following:
1.
Payment
of the application fee in full;
2.
If the
establishment is a Missouri corporation, a certified copy of the articles
of incorporation, together with all amendments thereto;
3.
If the
establishment is a foreign corporation, a certified copy of the certificate
of authority to transact business in this State, together with all
amendments thereto;
4.
If the
establishment is a limited partnership formed under the laws of the
State of Missouri, a certified copy of the certificate of limited
partnership, together with all amendments thereto;
5.
If the
establishment is a foreign limited partnership, a certified copy of
the certificate of limited partnership and the qualification documents,
together with all amendments thereto;
6.
Proof
of the current fee ownership of the tract of land on which the establishment
is to be situated in the form of a copy of the recorded deed;
7.
If the
persons identified as the fee owner(s) of the tract of land in item
(6) are not also the owners of the establishment, then the lease,
purchase contract, purchase option contract, lease option contract
or other document(s) evidencing the legally enforceable right of the
owners or proposed owners of the establishment to have or obtain the
use and possession of the tract or portion thereof that is to be used
for the establishment for the purpose of the operation of the establishment;
8.
A current
certificate and straight-line drawing prepared within thirty (30)
days prior to application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually-oriented
businesses within one thousand (1,000) feet of the property to be
certified; the property lines of any established primary or secondary
school, house of worship, State-licensed day care facility, public
library, public park, residence, or other sexually oriented business,
within one thousand five hundred (1,500) feet of the property to be
certified. For purposes of this Section, a use shall be considered
existing or established if it is in existence at the time an application
is submitted;
9.
Any
of items (2) through (8) above shall not be required for a renewal
application if the applicant states that the documents previously
furnished the Director with the original application or previous renewals
thereof remain correct and current.
H.
Applications
for an employee license to work and/or perform services in a sexually-oriented
business, whether original or renewal, must be made to the Director
by the person to whom the employee license shall issue. Each application
for an employee license shall be accompanied by payment of the application
fee in full. Application forms shall be supplied by the Director.
Applications must be submitted to the office of the Director or the
Director's designee during regular working hours. Each applicant shall
be required to give the following information on the application form:
1.
The
applicant's given name, and any other names by which the applicant
is or has been known, including "stage" names and/or aliases;
2.
Age,
and date and place of birth;
3.
Height,
weight, hair color, and eye color;
4.
Present
residence address and telephone number;
5.
Present
business address and telephone number;
6.
Date,
issuing State, and number of photo driver's license, or other State-issued
identification card information;
7.
Social
Security number; and
8.
Proof
that the individual is at least eighteen (18) years old.
I.
Attached
to the application form for a license shall be the following:
1.
A color
photograph of the applicant clearly showing the applicant's face,
and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
2.
A statement
detailing the license history of the applicant for the five (5) years
immediately preceding the date of the filing of the application, including
whether such applicant, in this or any other City, County, State,
or country, has ever had any license, permit, or authorization to
do business denied, revoked, or suspended, or had any professional
or vocational license or permit denied, revoked, or suspended. In
the event of any such denial, revocation, or suspension, state the
name(s) under which the license was sought and/or issued, the name(s)
of the issuing or denying jurisdiction, and describe in full the reason(s)
for the denial, revocation, or suspension. A copy of any order of
denial, revocation, or suspension shall be attached to the application.
J.
Every
application for a license shall contain a statement under oath that:
K.
A separate application and business license shall be required for each sexually-oriented business classification as set forth in Section 625.030.
L.
The fact
that a person possesses other types of State or City permits and/or
licenses does not exempt him/her from the requirement of obtaining
a sexually-oriented business or employee license.
[R.O. 2011 §7-85; Ord. No. 2928 §5, 11-2-1998]
A.
Upon
the filing of an application for a sexually-oriented business employee
license, the Director shall issue a temporary license to said applicant.
The application shall then be referred to the appropriate City departments
for investigation to be made on the information contained in the application.
The application process shall be completed within thirty (30) days
from the date of the completed application. After the investigation,
the Director shall issue an employee license, unless it is determined
by a preponderance of the evidence that one (1) or more of the following
findings is true:
1.
The
applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
The
applicant is under the age of eighteen (18) years;
3.
The applicant has been convicted of a "specified criminal activity" as defined in Section 625.020, of this Chapter;
4.
The
sexually-oriented business employee license is to be used for employment
in a business prohibited by local or State law, Statute, rule, or
regulation, or prohibited by a particular provision of this Chapter;
or
5.
The
applicant has had a sexually-oriented business employee license revoked
by the City within two (2) years of the date of the current application.
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If the sexually-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this Subsection shall be subject to appeal as set forth in Subsection (I) of this Section.
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B.
A license issued pursuant to Subsection (A) of this Section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually-oriented business. The employee shall keep the license on his/her person at all times while engaged in employment or performing services on the sexually-oriented business premises so that said license may be available for inspection upon lawful request.
C.
A license issued pursuant to Subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 625.060.
D.
If application
is made for a sexually-oriented business license, the Director shall
approve or deny issuance of the license within forty-five (45) days
of receipt of the completed application. The Director shall issue
a license to an applicant unless it is determined by a preponderance
of the evidence that one (1) or more of the following findings is
true:
1.
An applicant
has failed to provide the information reasonably necessary for issuance
of the license or has falsely answered a question or request for information
on the application form;
2.
An applicant
is under the age of eighteen (18) years;
3.
An applicant
or a person with whom the applicant is residing has been denied a
license by the City to operate a sexually-oriented business within
the preceding twelve (12) months, or whose license to operate a sexually-oriented
business has been revoked within the preceding twelve (12) months;
4.
An applicant
or a person with whom the applicant is residing is overdue in payment
to the City in taxes, fees, fines, or penalties assessed against or
imposed upon him/her in relation to any business;
5.
An applicant or a person with whom the applicant is residing has been convicted of a "specified criminal activity" as defined in Section 625.020;
6.
The
premises to be used for the sexually-oriented business have not been
approved by the Health Department, Fire Department, and the Building
Department as being in compliance with applicable laws and ordinances;
7.
The
license fee required under this Chapter has not been paid;
8.
An applicant
of the proposed establishment is in violation of or is not in compliance
with one (1) or more of the provisions of this Chapter.
E.
A license issued pursuant to Subsection (D) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business, and the Section 625.030 classification for which the license is issued. The 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.
F.
The Health
Department, Fire Department, Building Department and Zoning Department
shall complete their certification that the premises are in compliance
or not in compliance within twenty (20) days of receipt of the completed
application by the Director. The certification shall be promptly presented
to the Director.
G.
A sexually-oriented business license shall issue for only one (1) classification as set forth in Section 625.030.
H.
In the
event that the Director determines that an applicant is not eligible
for a license, the applicant shall be given notice in writing of the
reasons for the denial within forty-five (45) days of the receipt
of the completed application by the Director, provided that the applicant
may request, in writing at any time before the notice is issued, that
such period be extended for an additional period of not more than
ten (10) days in order to make modifications necessary to comply with
this Chapter.
I.
An applicant may appeal the decision of the Director regarding a denial to the Board of Aldermen by filing a written notice of appeal with the City secretary within fifteen (15) days after service of notice upon the applicant of the Director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may, within fifteen (15) days of service upon him/her of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the Board of Aldermen. After reviewing such memoranda, as well as the Director's written decision, if any, and exhibits submitted to the Director, the Board of Aldermen shall vote either to uphold or overrule the Director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City secretary receives the notice of appeal. However, all parties shall be required to comply with the Director's decision during the pendency of the appeal. Judicial review of a denial by the Director and Board of Aldermen may be made pursuant to Section 625.110 of this Chapter.
J.
A license issued pursuant to Subsection (D) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 625.060.
[R.O. 2011 §7-86; Ord. No. 2928 §6, 11-2-1998]
The annual fee for a sexually-oriented business license, whether
new or renewal, is five hundred dollars ($500.00). The annual fee
for a sexually-oriented business employee license, whether new or
renewal, is fifty dollars ($50.00). These fees are to be used to pay
for the cost of the administration and enforcement of this Chapter.
[R.O. 2011 §7-87; Ord. No. 2928 §7, 11-2-1998]
A.
An applicant
or licensee shall permit representatives of the Police Department,
Health Department, Fire Department, Building Department, or other
City or State departments or agencies to inspect the premises of a
sexually-oriented business for the purpose of insuring compliance
with the law at any time it is open for business.
B.
A person
who operates a sexually-oriented business or his/her agent or employee
commits an ordinance violation if he/she refuses to promptly permit
such lawful inspection of the premises.
[R.O. 2011 §7-88; Ord. No. 2928 §8, 11-2-1998]
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 625.040. Application for renewal should be made at least thirty (30) days before the expiration date; when made less than forty-five (45) days before the expiration date, the expiration of the license will not be affected.
B.
When
the Director denies renewal of a license, the applicant shall not
be issued a license for one (1) year from the date of denial.
[R.O. 2011 §7-89; Ord. No. 2928 §9, 11-2-1998]
A.
The Director
shall suspend a license for a period not to exceed thirty (30) days
if he/she determines that licensee or an employee of licensee has:
1.
Violated
or is not in compliance with any Section of this Chapter.
2.
Operated
or performed services in a sexually-oriented business while intoxicated
by the use of alcoholic beverages or controlled substances;
3.
Refused
to allow prompt inspection of the sexually-oriented business premises
as authorized by this Chapter;
4.
With
knowledge, permitted gambling by any person on the sexually-oriented
business premises.
[R.O. 2011 §7-90; Ord. No. 2928 §10, 11-2-1998]
A.
The Director shall revoke a license if a cause of suspension in Section 625.090 occurs and the license has been suspended within the proceeding twelve (12) months.
B.
The Director
shall revoke a license if he/she determines that:
1.
A licensee
gave false or misleading information in the material submitted during
the application process;
2.
A licensee,
or a person with whom the licensee is residing, was convicted of a
"specified criminal activity" on a charge that was pending prior to
the issuance of the license;
3.
A licensee
has, with knowledge, permitted the possession, use, or sale of controlled
substances on the premises;
4.
A licensee
has, with knowledge, permitted the sale, use, or consumption of alcoholic
beverages on the premises;
5.
A licensee
has, with knowledge, permitted prostitution on the premises;
6.
A licensee
has, with knowledge, operated the sexually-oriented business during
a period of time when the licensee's license was suspended;
7.
A licensee
has, with knowledge, permitted any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sexual conduct to occur in
or on the licensed premises;
8.
A licensee
is delinquent in payment to the City or State for any taxes or fees;
9.
A licensee
has, with knowledge, permitted a person under eighteen (18) years
of age to enter the establishment; or
10.
A
licensee has attempted to sell his/her business license, or has sold,
assigned, or transferred ownership or control of the sexually-oriented
business to a non-licensee.
C.
When
the Director revokes a license, the revocation shall continue for
one (1) year, and the licensee shall not be issued a sexually-oriented
license for one (1) year from the date revocation became effective.
[R.O. 2011 §7-91; Ord. No. 2928 §11, 11-2-1998]
After denial of an initial or renewal application by the Director
and Board of Aldermen, or suspension or revocation of a license by
the Director, the applicant or licensee may seek prompt judicial review
of such administrative action in any court of competent jurisdiction.
The administrative action shall be promptly reviewed by the court.
[R.O. 2011 §7-92; Ord. No. 2928 §12, 11-2-1998]
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. 2011 §7-93; Ord. No. 2928 §13, 11-2-1998]
A.
Sexually-oriented
businesses shall be permitted in any commercial district provided
that:
1.
The
sexually-oriented business may not be operated within:
a.
One
thousand five hundred (1,500) feet of a church, synagogue or regular
place of religious worship.
b.
One
thousand five hundred (1,500) feet of a public or private elementary
or secondary school;
c.
One
thousand five hundred (1,500) feet of a boundary of any residential
district;
d.
One
thousand five hundred (1,500) feet of a public park;
e.
One
thousand five hundred (1,500) feet of a licensed day care center;
f.
One
thousand five hundred (1,500) feet of an entertainment business that
is oriented primarily towards children or family entertainment; or
g.
One
thousand (1,000) feet of another sexually-oriented business.
2.
A sexually-oriented business may not be operated in the same building, structure, or portion thereof containing another sexually-oriented business classified pursuant to Section 625.030.
3.
For
the purpose of this Chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually-oriented business is conducted, to the nearest
property line of the premises of a church, synagogue, regular place
of worship, or public or private elementary or secondary school, or
to the nearest boundary of an affected public park, residential district,
or residential lot, or licensed day care center, or child or family
entertainment business.
4.
For
purposes of Subsection (C) of this Section, the distance between any
two (2) sexually-oriented business uses shall be measured in a straight
line, without regard to intervening structures or objects, from the
closest exterior wall of the structure in which each business is located.
[R.O. 2011 §7-94; Ord. No. 2928 §14, 11-2-1998]
A.
Any business
lawfully operating on the effective date of this Chapter that is in
violation of the locational or structural configuration requirements
of this Chapter shall be deemed a non-conforming use. The non-conforming
use will be permitted to continue for a period not to exceed two (2)
years, unless sooner terminated for any reason or voluntarily discontinued
for a period of thirty (30) days or more. 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
that was first established and continually operated at a particular
location is the conforming use and the later-established business(es)
is non-conforming.
B.
A sexually-oriented
business lawfully operating as a conforming use is not rendered a
non-conforming use by the location, subsequent to the grant or renewal
of the sexually-oriented business license, of a church, synagogue,
or regular place of religious worship, public or private elementary
or secondary school, licensed day care center, public park, residential
district, or child or family entertainment business within one thousand
five hundred (1,500) feet of the sexually-oriented business. This
provision applies only to the renewal of a valid business license,
and does not apply when an application for a business license is submitted
after a business license has expired or has been revoked.
[R.O. 2011 §7-95; Ord. No. 2928 §15, 11-2-1998]
A.
Evidence
that a sleeping room in a hotel, motel, or a similar commercial enterprise
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the enterprise is an adult motel as that term is defined in this
Chapter.
B.
It is
unlawful if a person, as the person in control of a sleeping room
in a hotel, motel, or similar commercial enterprise that does not
have a sexually-oriented business license, rents or subrents a sleeping
room to a person and, within ten (10) hours from the time the room
is rented, he/she rents or subrents the same sleeping room again.
[R.O. 2011 §7-96; Ord. No. 2928 §16, 11-2-1998]
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.
C.
Violation
of this Section shall constitute an ordinance violation.
[R.O. 2011 §7-97; Ord. No. 2928 §17, 11-2-1998]
A.
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
B.
A person
under the age of eighteen (18) years commits an ordinance violation
if the person appears semi-nude or in a state of nudity in or on the
premises of a nude model studio. It is a defense to prosecution under
this Subsection if the person under eighteen (18) years was in a restroom
not open to the public view or visible by any other person.
C.
A person
commits an ordinance violation if the person appears in a state of
nudity, or with knowledge allows another to appear in a state of nudity
in an area of a nude model studio premises which can be viewed from
the public right-of-way.
D.
A nude
model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises, except that a sofa may be placed in a reception
room open to the public.
[R.O. 2011 §7-98; Ord. No. 2928 §18, 11-2-1998]
A.
It shall
be an ordinance violation for a person who, with knowledge and intent,
appears in person in a state of nudity in a sexually-oriented business,
or depicts specified sexual activities in a sexually-oriented business.
B.
It shall
be an ordinance violation for a person who, with knowledge and intent,
appears in person in a semi-nude condition in a sexually-oriented
business, unless the person is an employee who, while semi-nude, is
at least ten (10) feet from any patron or customer and on a stage
at least two (2) feet from the floor.
C.
It shall
be an ordinance violation for an employee, while semi-nude in a sexually-oriented
business, to solicit any pay or gratuity from any patron or customer,
or for any patron or customer to pay or give any gratuity to any employee,
while said employee is semi-nude in the sexually-oriented business.
D.
It shall
be an ordinance violation for an employee, while semi-nude, to touch
a patron or the clothing of a patron, or for a patron to touch a semi-nude
employee or the clothing of a semi-nude employee.
[R.O. 2011 §7-99; Ord. No. 2928 §19, 11-2-1998]
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, other video reproduction, or live performance
that depicts specified sexual activities or specified anatomical areas
shall comply with the following requirements:
1.
Upon
application for a sexually-oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager's stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the place at which the business
license will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six (6) inches. The Director
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 Director or his/her designee.
4.
It is
the duty of the owners and operator of the premises to ensure that
at least one (1) employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
5.
The
interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager's station of the entire
area of the premises to which any patron is permitted access for any
purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two (2) or more manager's stations
designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of the entire
area of the premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations. The view
required in this Subsection must be by direct line of sight from the
manager's station.
6.
It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (A)(5) of this Section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to Subsection (A)(1) of this Section.
7.
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 (5.0) foot-candles
as measured at the floor level.
9.
It shall
be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
10.
No
licensee shall allow an opening of any kind to exist between viewing
rooms or booths.
11.
No
person shall make any attempt to make an opening of any kind between
the viewing booths or rooms.
12.
The
operator of the sexually-oriented business shall, during each business
day, inspect the walls between the viewing booths to determine if
any openings or holes exist.
13.
The
operator of the sexually-oriented business shall cause all floor coverings
in viewing booths to be non-porous, easily cleanable surfaces, with
no rugs or carpeting.
14.
The
operator of the sexually-oriented business shall cause all wall surfaces
and ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, non-porous, easily cleanable material. No wood, plywood,
composition board or other porous material shall be used within forty-eight
(48) inches of the floor.
[R.O. 2011 §7-100; Ord. No. 2928 §20, 11-2-1998]
A.
It shall
be unlawful for an owner or operator of a sexually-oriented business
to allow the merchandise or activities of the establishment to be
visible from a point outside the establishment.
B.
It shall
be unlawful for the owner or operator of a sexually-oriented business
to allow the exterior portion of the sexually-oriented business to
have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by the provisions of this Chapter.
C.
It shall
be unlawful for the owner or operator of a sexually-oriented business
to allow exterior portions of the establishment to be painted any
color other than a single achromatic color. This provision shall not
apply to a sexually-oriented business if the following conditions
are met:
1.
The
establishment is a part of a commercial multi-unit center; and
2.
The
exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
D.
Nothing
in this Section shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually-oriented business.
E.
A violation
of any provision of this Section shall constitute an ordinance violation.
[R.O. 2011 §7-101; Ord. No. 2928 §21, 11-2-1998]
A.
Notwithstanding
any other City ordinance, code, or regulation to the contrary, it
shall be unlawful for the operator of any sexually-oriented business
or any other person to erect, construct, or maintain any sign for
the sexually-oriented business other than the one (1) primary sign
and one (1) secondary sign as provided herein.
C.
Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner, and may contain only the name of the
enterprise.
D.
Each
letter forming a word on a primary sign shall be of solid color, and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E.
Secondary
signs shall have only one (1) display surface. Such display surface
shall:
G.
Violation
of any provision of this Section shall constitute an ordinance violation.
[R.O. 2011 §7-102; Ord. No. 2928 §22, 11-2-1998]
[R.O. 2011 §7-103; Ord. No. 2928 §23, 11-2-1998]
A.
It shall
be unlawful to allow a person who is younger than twenty-one (21)
years of age to enter or be on the premises of a sexually-oriented
business at any time the sexually-oriented business is open for business
except for a person exclusively on the premises for repair or maintenance
of the premises or equipment on the premises, or for the delivery
of goods to the premises.
B.
It shall
be the duty of the operator of each sexually-oriented business to
ensure that an attendant is stationed at each public entrance to the
sexually-oriented business at all times during such sexually-oriented
business's regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from entering
the sexually-oriented business. It shall be presumed that an attendant
knew a person was under the age of eighteen (18) unless such attendant
asked for and was furnished:
C.
Violation
of this Section shall constitute an ordinance violation.
[R.O. 2011 §7-104; Ord. No. 2928 §24, 11-2-1998]
It shall be unlawful for any sexually-oriented business, regardless
of whether in a public or private facility, to operate as a massage
salon, massage parlor or any similar type business where any physical
contact with the recipient of such services is provided by a person
of the opposite sex. Violation of this Section shall constitute an
ordinance violation.
No operator shall allow or permit a sexually oriented business
to be or remain open between the hours of 12:00 Midnight and 6:00
A.M. on any day.
[R.O. 2011 §7-106; Ord. No. 2928 §26, 11-2-1998]
A.
It is
a defense to prosecution under this Chapter that a person appearing
in a state of nudity did so in a modeling class operated:
1.
By a
proprietary school, licensed by the State of Missouri, a college,
junior college, or university supported entirely or partly by taxation;
2.
By a
private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
[R.O. 2011 §7-107; Ord. No. 2928 §27, 11-2-1998]
A.
Any notice
required or permitted to be given by the Director or any other City
office, division, department or other agency under this Chapter to
any applicant, operator or owner of a sexually-oriented business may
be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license,
or any notice of address change that has been received by the Director.
Notices mailed as above shall be deemed given upon their deposit in
the United States mail. In the event that any notice given by mail
is returned by the postal service, the Director or his/her designee
shall cause it to be posted at the principal entrance to the establishment.
B.
Any notice
required or permitted to be given to the Director by any person under
this Chapter shall not be deemed given until and unless it is received
in the office of the Director.
C.
It shall
be the duty of each owner who is designated on the license application
and each operator to furnish notice to the Director in writing of
any change of residence or mailing address.
[R.O. 2011 §7-108; Ord. No. 2928 §28, 11-2-1998]
A person who operates or causes to be operated a sexually-oriented business without a valid business license or in violation of Section 625.130 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually-oriented business so operates is a separate offense or violation.
[R.O. 2011 §7-109; Ord. No. 2928 §29, 11-2-1998]
If any Section, Subsection, or clause of this Chapter shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining Sections, Subsections, and clauses shall not be affected
thereby.
