Article I Adult-Oriented Entertainment
[R.O. 2011 §615.010; Ord. No. 560-03 §1, 7-16-2003]
The following definitions shall govern the interpretations of this Article:
- Refers to persons who have attained the age of twenty-one (21) years.
- ADULT ENTERTAINMENT ESTABLISHMENT
- Any establishment, including, but not limited to, adult video or book stores, adult stores, adult motion picture theaters, adult mini motion picture theaters or establishments providing live dancers or models, having as a material portion of its business the offering of entertainment, stock in trade or materials, scenes or other presentations characterized by emphasis on depiction or descriptions of "specified sexual activities" or "specified anatomical areas" as herein defined.
- ADULT MOTION PICTURE THEATER
- 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 persons for any form of consideration.
- ADULT VIDEO OR BOOK STORE
- A commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one 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:
- 1. Has a substantial portion of its displayed merchandise which consists of such items.
- 2. Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items.
- 3. Has a substantial portion of the retail value of its displayed merchandise which consists of such items.
- 4. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items.
- 5. Maintains a substantial section of its interior business space for the sale or rental of such items.
- 6. Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five 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 person who is at least twenty-one (21) years of age and 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, and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. The term employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
- Any person who manages, directs, administrates or is in charge of the affairs and/or conduct of any portion of any activity at an adult entertainment establishment.
- The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernible turgid state.
- SPECIFIED ANATOMICAL AREAS
- For the purpose of this Article, "specified anatomical areas" is defined as those areas of the human body specified in the definition of "nudity" above.
- SPECIFIED SEXUAL ACTIVITIES
- For the purposes of this Article, "specified sexual activities" is defined as:
[R.O. 2011 §615.020; Ord. No. 560-03 §2, 7-16-2003]
No person less than nineteen (19) years of age shall dance in an adult cabaret as defined in Section 573.500, RSMo., nor shall any proprietor of such establishment permit any person less than nineteen (19) years of age to dance in an adult cabaret.
No person shall knowingly allow a person under the age of eighteen (18) years on the premises of a sexually oriented business.
Exterior Display. No establishment, including an adult entertainment establishment, shall be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
Live Nudity Prohibited. No person shall be permitted to appear live in any establishment, including an adult entertainment establishment, in a state of nudity as defined in this Chapter.
Protective Barrier Required. No employee shall knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the employee, while semi-nude, shall be and remain on a fixed stage at least six (6) feet from all patrons and at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.
Erotic Touching Prohibited. No employee, who appears in a semi-nude condition in a sexually oriented business, shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business.
Tipping Prohibited. No person in an adult entertainment establishment shall be permitted to tip any entertainer, performer, dancer or model.
Signs Required. All adult entertainment establishments providing live dancers or models shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which upper case letters shall be at least two (2) inches high and lower case letters at least one (1) inch high, which shall read as follows:
"THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED AND LICENSED BY THE CITY OF BYRNES MILL, MISSOURI".
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.
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.
Not permitted to demand or collect any payment or gratuity from any customer for entertainment.
Not permitted to be upon the stage at any time.
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.
Not permitted to offer to pay any gratuity or tip to any entertainer, performer, dancer or model.
Hours Of Operation. 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.
Manager On Premises. A manager shall be on duty at any adult entertainment establishment at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours. The manager shall have the following duties:
[R.O. 2011 §615.030; Ord. No. 560-03 §3, 7-16-2003]
Intent Of Section.
The special provisions of this Section are intended to regulate the location of adult entertainment establishments as herein defined by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this Article shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein.
Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any industrial area.
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property and are made with full consideration of legal and constitutional issues heretofore adjudicated.
The provisions of this Section shall govern the location and spatial separation of adult entertainment establishments in industrial districts and no such regulated use, as defined, may be permitted except in conformance with these provisions.
Location And Spatial Separation Regulations. Adult entertainment establishments, including, but not limited to, adult video or book stores, adult motion picture theaters, adult mini motion picture theaters and establishments providing live dancers or models as herein defined, are hereby declared to be regulated uses according to this Article and their location and spatial separation shall be governed by rules as follows:
Adult entertainment establishments may be located upon any industrially zoned property, but not within one thousand two hundred (1,200) feet of any residentially zoned property;
No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or of any business licensed to sell or serve alcoholic beverages as defined by the Code of Ordinances of Byrnes Mill, Missouri, whether or not the business is also an adult entertainment establishment as defined herein; and
No adult entertainment establishment shall be allowed to locate or expand within one thousand two hundred (1,200) feet of any school, religious institution or public park.
Measurement Of Distance.
The distance between any two (2) adult entertainment establishments or between any adult entertainment establishment and a business selling or serving alcoholic beverages shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
The distance between any adult entertainment establishment and any religious institution, school or public park or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school or public park or the property zoned for residential use.
[R.O. 2011 §615.040; Ord. No. 560-03 §4, 7-16-2003]
Regulations And Requirements.
Areas to be open to view. The premises of any building used as an adult motion picture theater or an adult mini motion picture theater shall be constructed, located and maintained so that the entire interior portions of any booths, cubicles, rooms or stalls are visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
Lighting required. The premises of such theaters shall be so lighted at all times with illumination of not less than one (1) foot-candle as measured at the floor level.
Occupancy by more than one (1) person prohibited. No cubicle, room or booth used for the purpose of private viewing of movies or video films or pictures of specified sexual activity or of specified anatomical areas shall be occupied at any time by more than one (1) person.
Duties Of Owners And Operators.
The owner or operator any adult motion picture theater or adult mini motion picture theater shall cause to be posted in a conspicuous place at the entrance to each room, booth or cubicle used for the purpose of private viewing in such theater a legible written notice of the provisions of this Article prohibiting more than one (1) person from occupying such room, booth or cubicle at any one time and, in addition, stating that sexual activity, homosexual activity or any deviant sexual intercourse is prohibited in such theater.
No owner or operator of any adult motion picture theater or adult mini motion picture theater, nor any person employed by such owner or operator in such theater shall knowingly allow or permit any person to solicit for or engage in any form of sexual behavior on the premises of such theater.
[R.O. 2011 §615.050; Ord. No. 560-03 §5, 7-16-2003]
Business License Required. No person, firm, partnership, association or corporation shall operate an adult entertainment establishment, as herein defined, without first having obtained a business license pursuant to Section 605.070 of the Code of Ordinances. A separate business license shall be required for each and every separate place of business conducted by any one (1) licensee. Such business license shall be valid only from July first (1st) to June thirtieth (30th) of the following year.
Application For Business License — Fees.
Every applicant for a business license to maintain, operate or conduct an adult entertainment establishment shall file an application with the City Clerk and pay an annual fee to the City Clerk of three hundred dollars ($300.00) which shall not be refundable or prorated and which shall be in addition to any other applicable tax, license or fee.
The applicant for a business license to operate an adult entertainment establishment shall set forth the exact nature of the establishment, the proposed place of business and facilities therefor and the name, residence address, telephone number, date of birth and Social Security number of each applicant, including any stockholder holding more than ten percent (10%) of the stock of the corporation, any partner and/or proprietor and any manager. Each such person shall provide written proof that he or she is an adult as defined herein. Each person shall further provide a statement:
Whether he or she has previously operated in this or another City, County or State and if so, where and whether any business license has been revoked or suspended including the reason(s) therefor.
That he or she has not been convicted of a felony criminal act within five (5) years prior to the application.
That he or she has not been convicted of or plead guilty or nolo contendere to a specific criminal act or a municipal ordinance violation within two (2) years prior to the application, where such criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse, pornography or related offenses or that involved controlled substances, illegal drugs or narcotic offenses.
All applications shall be verified by notarized statement, under oath, that the applicant has personal knowledge of the information contained in the application, that all information is true and correct and should further state the applicant has read this Article regulating adult entertainment establishments.
Inspections. Any duly authorized officer of the City, including, without limitation, employees of the Police, Health and Public Works Departments, may from time to time make an inspection of each adult entertainment establishment for the purpose of determining that the provisions of this Article are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
Supervision. A business licensee shall have the premises supervised at all times when open for business. The licensee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Article. The violation of any such provision by any agent or employee of the licensee shall constitute a violation by the licensee.
Duties Of Business Licensee. All business licensees under the provisions of this Article shall keep and maintain on their premises a current register of all their employees showing such employee's name, address, age, sex and duties. Such register shall be open to inspection at all reasonable times by any duly authorized officer of the City.
Transfer Of Licenses — Other Licenses And Fees.
Business licenses are not transferrable and such authority as a license confers shall be conferred only to the licensee named therein.
Any applications made, fees paid and licenses obtained under the provisions of this Article shall be in addition to and not in lieu of any other fees or licenses required to be paid or obtained under any other ordinances of this City.
[R.O. 2011 §615.060; Ord. No. 560-03 §6, 7-16-2003]
Any person who violates any provision of this Article shall, upon conviction, be punished in accordance with the provisions of Section 100.220 of the Code of Ordinances of the City of Byrnes Mill, Missouri.