[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.
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.
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.
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:
Has a substantial portion of its displayed merchandise which
consists of such items.
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items.
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items.
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items.
Maintains a substantial section of its interior business space
for the sale or rental of such items.
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.
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.
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]
A.
Age Restriction.
1.
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.
2.
No person
shall knowingly allow a person under the age of eighteen (18) years
on the premises of a sexually oriented business.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Tipping Prohibited. No person in an adult entertainment
establishment shall be permitted to tip any entertainer, performer,
dancer or model.
G.
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".
H.
Entertainers
are:
1.
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.
2.
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.
3.
Not
permitted to demand or collect any payment or gratuity from any customer
for entertainment.
I.
Customers
are:
1.
Not
permitted to be upon the stage at any time.
2.
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.
3.
Not
permitted to offer to pay any gratuity or tip to any entertainer,
performer, dancer or model.
J.
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.
K.
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]
A.
Intent Of Section.
1.
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.
2.
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.
3.
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.
4.
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.
B.
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:
1.
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;
2.
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
3.
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.
C.
Measurement Of Distance.
1.
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.
2.
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]
A.
Regulations And Requirements.
1.
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.
2.
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.
3.
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.
B.
Duties Of Owners And Operators.
1.
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.
2.
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]
A.
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.
B.
Application For Business License — Fees.
1.
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.
2.
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:
a.
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.
b.
That
he or she has not been convicted of a felony criminal act within five
(5) years prior to the application.
c.
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.
3.
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.
C.
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.
D.
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.
E.
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.
F.
Transfer Of Licenses — Other Licenses And Fees.
1.
Business
licenses are not transferrable and such authority as a license confers
shall be conferred only to the licensee named therein.
2.
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.
