[Ord. No. 1616 §2, 2-27-1996]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any business enterprise:
That has as a regular and substantial business purpose the sale,
display or rental of goods that are designed for use in connection
with "specified sexual activities" or that emphasize matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas"; or
That has one (1) of the following as a regular and substantial
business purposes:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display "specified
anatomical areas" or "specified sexual activities", or
The providing of services that provide "specified sexual activities"
or "specified anatomical areas" ancillary to other pursuits or allow
participation in "specified sexual activities" ancillary to other
pursuits.
The definition of "ADULT BUSINESS" also includes,
but is not limited to, any and all of the following as defined herein:
Businesses that offer the following described goods for sale
or rent:
ADULT BOOKSTOREAn establishment which, as a regular and substantial business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
ADULT MEDIA OUTLET: An establishment that has
as a regular and substantial purpose the rental, sale or offering
for viewing off the premises or other use of any adult media.
ADULT NEWS RACK: Any coin- or card-operated
device that offers for sale by dispensing printed material which is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
ADULT NEWSSTAND: A freestanding structure,
vehicle or booth which, as a regular and substantial business purpose,
offers for sale books, magazines, periodicals or other printed matter
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
ADULT RETAIL ESTABLISHMENTS: An establishment
which, as a regular and substantial business purpose, offers for sale
or rent any one (1) or more of the following: instruments, devices,
gifts or paraphernalia which are designed for use in connection with
"specified sexual activities" or clothing that graphically depicts
"specified anatomical areas" or any of the materials sold or rented
in an adult bookstore as defined herein.
Businesses that provide the following entertainment:
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees and/or performers or private contractors who display "specified anatomical areas" in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.
ADULT ENTERTAINMENT BUSINESS: Any enterprise
to which the public, patrons or members are invited or admitted and
where providing "adult entertainment", as defined herein, is a regular
and substantial portion of its business.
ADULT ENTERTAINMENT CABARET: An establishment
where a regular and substantial portion of its business is providing
adult entertainment which features strippers, male or female impersonators,
go-go dancers or live performances; or material which is primarily
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas".
ADULT ENTERTAINMENT STUDIO (INCLUDES THE TERMS RAP STUDIO,
EXOTIC DANCE STUDIO, SENSITIVITY STUDIO OR ENCOUNTER STUDIO): An establishment whose premises is physically arranged as to provide
booths, cubicles, rooms, compartments or stalls separate from the
common areas of the premises and where a regular and substantial portion
of its business is providing entertainment which features materials
or live performances characterized by an emphasis on or features materials
relating to "specified sexual activities" or the exhibition of "specified
anatomical areas".
ADULT MOTION PICTURE THEATER: An establishment
containing a room with seats facing a screen or projection areas where
a regular and substantial portion of its business is the exhibition
to customers of films, videotapes or motion pictures which are intended
to provide sexual stimulation or sexual gratification to the customers
and which are distinguished by or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
ADULT THEATER: An establishment located in
an enclosed building where a regular and substantial portion of its
business is providing the live performance of activities relating
to "specified sexual activities" or exhibition of "specified anatomical
areas" or live performers for observation by customers and patrons.
BODY PAINTING STUDIO: An establishment where
a regular and substantial portion of its business is the maintaining,
operating or offering for compensation the applying of paint or other
substance to or on the human body by any means of application, technique
or process when the subject's body is displaying for the customer's
view "specified anatomical areas".
Businesses that provide the following described services:
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motions pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and rents room accommodations for less than six (6) hours at a time.
BATHHOUSE: An enterprise where a regular and
substantial portion of its business is offering baths with other persons
present who are nude or displaying "specified anatomical areas".
Any live exhibition, performance, display or dance of any
type, including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing
or any service offered for amusement on a premises, where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons
or if the entertainment involves a person who is nude or in such attire,
costume or clothing as to expose to view any portion of the human
genitals, pubic region, vulva, pubic hair, buttocks, female breast
or breasts below a point immediately above the top of the areola or
nipple or the human male genitals in a discernibly erect state, even
if completely and opaquely covered.
Any premises to which the public, patrons or members are
invited or admitted and wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member.
Those diseases which are set out in the Code of State Regulations
established by the State of Missouri.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment business.
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity or other entity or group of persons however organized.
Any place of business of an adult business which shall include
the entire lot and building occupied by the adult business and any
other property owned, leased or controlled by the adult business including
any parking areas adjacent to the business which are regularly utilized
by employees, entertainers, servers, managers or customers of such
business.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breasts or breast below a point immediately
above the top of the areola encircling the nipple or any combination
of the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
objects in an act or apparent sexual stimulation or gratification.
[Ord. No. 1616 §3, 2-27-1996]
A.Â
It shall
be unlawful for any person to operate or maintain an adult business
or adult entertainment business in the City unless the owner, operator
or lessee thereof has obtained an adult entertainment business license
from the City or to operate such business after such license has been
revoked or suspended by the City.
B.Â
It is
unlawful for any entertainer, employee or manager to knowingly perform
any work, service or entertainment directly related to the operation
of an unlicensed adult entertainment business.
C.Â
It shall
be prima facie evidence that any adult entertainment business that
fails to have posted, in the manner required by this Section, an adult
entertainment business license, has not obtained such a license. In
addition, it shall be prima facie evidence that any entertainer, employee
or manager who performs any service or entertainment in an adult entertainment
business in which an adult entertainment license is not posted, in
the manner required by this Section, had knowledge that such business
was not licensed.
D.Â
Any business
enterprise that sells or rents goods that are designed for use in
connection with "specified sexual activities" or that emphasize matters
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" and that excluded minors by virtue
of age from all or any part of the business premises shall be deemed
to have consented to periodic entry into and inspection of the business
premises by appropriate City Officials and inspection by those officials
of only those business records necessary for the limited purpose of
determining whether such business enterprise is an "adult business"
as defined in this Chapter. This entry and inspection shall take place
during hours when such adult business is open to the public, unless
otherwise requested by the adult business, and shall not unreasonably
interfere with the conduct of such business.
[Ord. No. 1616 §4, 2-27-1996]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[Ord. No. 1616 §5, 2-27-1996]
A.Â
The license
year for all fees required under this Chapter shall be from each July
first (1st) through June thirtieth (30th). The application for a license
shall be accompanied by payment in full of the fee stated in this
Section by certified or cashier's check or money order; and no application
shall be considered complete until such fee is paid.
B.Â
All licenses
shall be issued for a specific location and shall be non-refundable
and non-transferable.
C.Â
The classification
of licenses and fees for each shall be as follows:
1.Â
Adult
entertainment business license fee is five hundred dollars ($500.00)
per year.
2.Â
Adult
entertainment manager's license fee is twenty dollars ($20.00) per
year.
3.Â
Adult
entertainer's license fee is twenty dollars ($20.00) per year.
4.Â
Adult
entertainment server's license fee is twenty dollars ($20.00) per
year.
[Ord. No. 1616 §6, 2-27-1996]
All adult business licenses shall be issued for only one (1)
adult business use per premises which shall be listed on the application.
More than one (1) adult business use shall not be allowed on a premises.
Any change in the type of adult use shall invalidate the adult business
license.
[Ord. No. 1616 §7, 2-27-1996]
A.Â
Adult Business License. All persons desiring to secure a
license to operate an adult entertainment business under the provisions
of this Chapter shall make a notarized application with the Department
of Administration. All applications shall be submitted in the name
of the person proposing to conduct or operate the adult entertainment
business. All applications shall be submitted on a form supplied by
the Department of Administration and shall require the following information:
1.Â
The
name, residence address, home telephone number, occupation, date and
place of birth and Social Security number of the applicant.
2.Â
The
name of the adult entertainment business, a description of the adult
entertainment to be performed on the licensed premises and the name
of the owner of the premises where the adult entertainment business
will be located.
3.Â
The
names, residence addresses, Social Security numbers and dates of births
of all partners, if the applicant is a partnership; and if the applicant
is a corporation, the same information for all corporate officers
and directors and stockholders who own more than ten percent (10%)
or greater interest in the corporation.
4.Â
The
residence addresses of the applicant or of all partners or of all
corporate officers and directors for the five (5) years immediately
prior to the date of application.
5.Â
A description
of the adult business history of the applicant or of the partnership
and all partners or of the corporation and all corporate officers
and directors.
6.Â
A statement
from the applicant or from all partners or from all such corporate
officers and directors whether any such person or entity, in previously
operating in this or another City, County or State, has had a business
license of any type revoked or suspended and, if so, the reason therefor
and the activity or occupation subjected to such action, suspension
or revocation.
7.Â
A statement
of the business, occupation or employment of the applicant or of all
partners or of all corporate officers and directors for the three
(3) years immediately preceding the date of the application.
8.Â
A statement
from the applicant or from each partner or from each corporate officer
and director that each such person has not been convicted of, released
from confinement for conviction of or diverted from prosecution on:
a.Â
A
felony criminal act within five (5) years immediately preceding the
application, or
b.Â
A
misdemeanor criminal act within two (2) years immediately preceding
the application where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code or involving controlled substances or illegal drugs
or narcotic offenses as defined in the Missouri Controlled Substances
Act or other Statutes of the State of Missouri or ordinances of the
City.
The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
9.Â
On applications
requesting a license to operate a bathhouse or body painting studio,
the applicant shall provide for each person working on the premises
a health certificate from a duly licensed Missouri physician stating
that within ninety (90) days prior thereto the applicant and all other
persons working on the premises have been examined and found free
of any contagious or communicable disease as defined herein.
10.Â
A
full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant or of all partners if the applicant is
a partnership or of all corporate officers and directors if the applicant
is a corporation.
11.Â
If
the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
12.Â
A
statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult entertainment businesses.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B.Â
Manager, Server Or Entertainer's License. All persons desiring
to secure a license under the provisions of this Chapter to be an
adult entertainment manager, server or entertainer shall make a notarized
application to the Department of Administration. All applications
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall
be submitted on a form supplied by the Department of Administration
and shall require the following information:
1.Â
The
applicant's name, home address, home telephone number, date and place
of birth, Social Security number and any stage names or nicknames
used in entertaining or at the business.
2.Â
The
name and address of each adult entertainment business where the applicant
intends to work as a manager, server or entertainer and an "intent
to hire" statement from an adult entertainment business that is licensed
or that has applied for a license, under the provisions of this Chapter,
indicating the adult business intends to hire the applicant to manage,
serve or entertain on the premises. Failure to provide an "intent
to hire" statement shall not invalidate the application.
3.Â
A statement
from the applicant that the applicant has not been convicted of, released
from confinement for conviction of or diverted from prosecution on:
a.Â
A
felony criminal act within five (5) years immediately preceding the
application, or
b.Â
A
misdemeanor criminal act within two (2) years immediately preceding
the application where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code or involving controlled substances or illegal drugs
or narcotic offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics.
4.Â
A full
set of fingerprints and a photograph, to be taken by the Police Department,
of the applicant.
5.Â
The
applicant shall present documentation to the Department of Administration
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.Â
A
valid motor vehicle operator's license issued by any State bearing
this applicant's photograph and date of birth;
b.Â
A
State-issued identification card bearing the applicant's photograph
and date of birth;
c.Â
An
official and valid passport issued by the United States of America;
d.Â
An
immigration card issued by the United States of America;
e.Â
Any
other form of picture identification issued by a governmental entity
that is deemed reliable by the Department of Administration; or
f.Â
Any
other form of identification deemed reliable by the Department of
Administration.
Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
C.Â
Facilities Necessary. No adult business license to conduct
a bathhouse or body painting studio shall be issued unless an inspection
by the Department of Inspection and Code Enforcement reveals that
the premises the applicant intends to conduct business from complies
with each of the following minimum requirements:
1.Â
The
walls shall be clean and painted with washable, mold-resistant paint
in all rooms where water or steam baths are given. Floors shall be
free from any accumulation of dust, dirt or refuse. All equipment
used in the business's operation shall be maintained in a clean and
sanitary condition. Towels, linen and items for personal use of operators
and patrons shall be clean and freshly laundered. Towels, cloths and
sheets shall not be used for more than one (1) patron. Heavy, white
paper may be substituted for sheets provided that such paper is changed
for every patron. No service or practice shall be carried on within
any cubicle, room, booth or any area within any permitted establishment
which is fitted with a door capable of being locked.
2.Â
Toilet
facilities shall be provided in convenient locations. When five (5)
or more employees and patrons of different sexes are on the premises
at the same time, separate toilet facilities shall be provided. A
single water closet per sex shall be provided for each twenty (20)
or more employees or patrons of that sex on the premises at any one
(1) time. Urinals may be substituted for water closets after one (1)
water closet has been provided. Toilets shall be designated as to
the sex accommodated therein.
3.Â
Lavatories
or wash basins provided with both hot and cold running water shall
be installed in either the toilet room or a vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
The Director of the Department of Inspection and Code Enforcement
or a representative shall certify that the proposed business establishment
complies with all of the requirements of this Section and shall give
or send such certification to the Department of Administration. Provided
however, that nothing contained herein shall be construed to eliminate
other requirements of Statute or ordinance concerning the maintenance
of premises nor to preclude authorized inspection thereof. The appropriate
City Official may recommend the issuance of a license contingent upon
the compliance with any requirements in this Section.
D.Â
Application Processing.
1.Â
Upon
receipt of a complete application for an adult entertainment or an
adult entertainment manager, server or entertainer license, the Department
of Administration shall immediately transmit one (1) copy of the application
to the Police Department for investigation of the application. In
addition, the Department of Administration shall transmit a copy of
the application to the Director of the Department of Inspection and
Code Enforcement.
2.Â
It shall
be the duty of the Police Chief or a designee to investigate such
application to determine whether the information contained in the
application is accurate and whether the applicant is qualified to
be issued the license applied for. The Police Chief shall report the
results of the investigation to the Department of Administration not
later than ten (10) working days from the date the application is
received by the Department of Administration.
3.Â
It shall
be the duty of the Director of the Department of Inspection and Code
Enforcement to determine whether the structure where the adult entertainment
business will be conducted complies with the requirements and meets
the standards of the applicable health, zoning, building code, fire
and property maintenance ordinances of the City. The Director of the
Department of Inspection and Code Enforcement shall report the results
of the investigation to the Department of Administration not later
than ten (10) working days from the date the application is received
by the Department of Administration.
4.Â
Upon
receipt of the reports from the Police Chief and Director of the Department
of Inspection and Code Enforcement, the Department of Administration
shall either issue or deny the license, provided the license application
for an adult business, manager, server or entertainer license shall
be approved or disapproved within forty-five (45) days from the date
of filing of a completed application with the Department of Administration.
[Ord. No. 1616 §8, 2-27-1996]
A.Â
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the City Administrator shall examine the application and after such examination, the City Administrator shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible under Section 625.090.
B.Â
The records
of the City Administrator shall show the action taken on the application
and if the license is granted, the City Administrator shall direct
the issuance of the proper license. The license shall state that it
is not transferable to other persons and the calendar year for which
it is issued. The license shall be kept posted in a conspicuous place
in the place of business that is licensed or where the licensee is
working.
C.Â
If an
application for a license is disapproved, the applicant shall be immediately
notified by registered or certified mail to the applicant's last known
address and the notification shall state the basis for such disapproval.
Any applicant aggrieved by the disapproval of a license application
may seek judicial review in a manner provided by law.
[Ord. No. 1616 §9, 2-27-1996]
A.Â
No person
is eligible nor shall a license be issued to:
1.Â
An adult
entertainment business applicant if one (1) or more of the following
conditions exist:
a.Â
The
applicant's premises is located within one thousand (1,000) feet of
any school, church, public park, licensed child care center or licensed
child care home. Measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest point
on the property line of the applicant's enterprise to the nearest
point on the property line of such school, church, public park, licensed
day care center or licensed child care home;
b.Â
The
applicant's premises is located within one thousand (1,000) feet of
any other adult entertainment business for which there is a license
issued. Measurements shall be made in a straight line, without regard
to intervening structures or objects, from the nearest point on the
property line of the applicant's enterprise to the nearest point on
the property line of such other adult entertainment business;
c.Â
The
applicant's premises is located within one hundred fifty (150) feet
of any residentially zoned property. Measurements shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's business
to the nearest point on the property line of the residentially zoned
property.
d.Â
In
the case of an application for an adult business license for a business
use defined in Section 625.010(3)(b) or Section 625.010(3)(c) described
as adult entertainment business, adult motion picture theater, adult
entertainment cabaret, adult entertainment studio, adult encounter
parlor, body painting studio, bathhouse or adult motel, the applicant's
premises is located within three hundred (300) feet of any residentially
zoned property. Measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest point
on the property line of the applicant's business to the nearest point
on the property line of the residentially zoned property;
e.Â
The
applicant failed to supply all of the information requested on the
application;
f.Â
The
applicant gave materially false, fraudulent or untruthful information
on the application;
g.Â
The
applicant's proposed business premises does not comply with or meet
the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City, provided that
upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the City Administrator;
h.Â
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 625.070 of this Chapter during the time period set forth in said Section;
i.Â
The
applicant has had an adult entertainment license revoked or suspended
in this or any other City during the past five (5) years;
j.Â
If
the applicant is applying for a license to operate a bathhouse or
body painting studio and has not produced a health certificate as
required herein for all persons working on the premises.
2.Â
An applicant
for an adult entertainment manager, server or entertainer if one (1)
or more of the following conditions exist:
a.Â
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (1) above;
b.Â
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 625.080 during the time period set forth in said Section;
c.Â
The
applicant failed to provide all of the information required on the
application;
d.Â
The
applicant gave materially false, fraudulent or untruthful information
on the application;
e.Â
The
applicant has had an adult entertainment manager, server or entertainer
license revoked or suspended in this or any other City during the
past five (5) years.
[Ord. No. 1616 §10, 2-27-1996]
A.Â
The following
standards of conduct shall be adhered to by all adult entertainment
business licensees, their employees and all adult entertainment business
managers, servers and entertainers and patrons, of adult entertainment
businesses while on or about the premises of the business:
1.Â
Identification cards. All or any manager, server or entertainer
issued a license by the City under the provisions of this Chapter
shall, at all times when working in an establishment subject to the
provisions of this Chapter, have in their possession a valid identification
card issued by the City bearing the permit number, the employee's
physical description and a photograph of such employee. Such identification
cards shall be laminated to prevent alteration.
2.Â
Age restriction. Only persons eighteen (18) years of age
or older shall be permitted on the premises of any adult entertainment
business.
3.Â
Exterior observation and display. No adult business will
be conducted in any manner that permits the observation or display
of performers, servers or entertainers engaged in an erotic depiction
or dance or any material or persons, caricatures, animals or any portion
thereof depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas", as defined herein, or any books,
cards, magazines, periodicals or other printed matter, photographs,
slides, films, motion pictures or videotapes which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas" from any exterior source including, but not limited to, by
display, decoration, sign, show window or other opening.
4.Â
Nudity prohibited. No manager, employee, server, entertainer
or patron in an adult business, other than a licensed bathhouse, shall
appear nude, unclothed, in less than opaque attire or in any fashion
that exposes to view any "specified anatomical area".
5.Â
Certain acts prohibited.
a.Â
No
manager, employee, server or entertainer shall perform any specified
sexual activities as defined herein, wear or use any device or covering
exposed to view which simulates any specified anatomical area, use
artificial devices or inanimate objects to perform or depict any of
the specified sexual activities as defined herein or participate in
any act of prostitution.
b.Â
No
manager, employee, server, entertainer or patron of an adult entertainment
business shall knowingly touch, fondle or caress any specified anatomical
area of another person or knowingly anatomical area of such employee,
server, entertainer or patron, whether such specified anatomical areas
are clothed, unclothed, covered or exposed.
c.Â
No
manager, employee, server or entertainer of an adult entertainment
business shall be visible from the exterior of the adult entertainment
business while such person is unclothed or in such attire, costume
or clothing as to expose to view any specified anatomical area.
d.Â
No
adult entertainer shall solicit, demand or receive any payment or
gratuity from any patron or customer for any act prohibited by this
Chapter and no adult entertainer shall receive any payment or gratuity
from any customer for any entertainment except as follows:
(1)Â
While such entertainer is on the stage or platform, a customer or
patron may place such payment or gratuity into a box affixed to the
stage, or
(2)Â
While such entertainer is not on the stage or platform and is clothed
so as to not expose to view any specified anatomical area, a customer
or patron may either place such payment or gratuity into the entertainer's
hand or under a leg garter worn by such entertainer at least four
(4) inches below the bottom of the pubic region.
e.Â
No
owner, operator, manager or other person in charge of the premises
of an adult entertainment premises shall:
(1)Â
Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon or consumed on the premises (unless otherwise permitted
pursuant to the Code of the City of Eldon);
(2)Â
Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
(3)Â
Knowingly allow or permit any person under the age of eighteen (18)
years of age to be in or upon the premises;
(4)Â
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or
(5)Â
Knowingly allow or permit a violation of this Chapter or any other
City ordinance provision or State law.
6.Â
Signs required. All adult entertainment business shall have
conspicuously displayed in the common area at the principal entrance
to the premises a sign, on which uppercase letters shall be at least
two (2) inches high and lowercase letters at least one (1) inch high,
which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF ELDON
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ENTERTAINERS ARE:
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•Not
permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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•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, unless upon a stage at least two (2) feet above the
customer floor and a sufficient distance from the customers to prevent
the customers from touching the entertainers.
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•Not
permitted to demand or collect any payment or gratuity from any customer
for entertainment, except as follows:
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- While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
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- While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand or under the
entertainer's leg garter.
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CUSTOMERS ARE:
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•Not
permitted to be on the stage at any time.
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7.Â
Lighting required.
a.Â
The
interior premises of all adult businesses shall be equipped with overhead
lighting of sufficient intensity to illuminate every place to which
customers are permitted access at an illumination of not less than
one (1) foot-candle as measured at the floor level and such illumination
must be maintained at all times that any customer or patron is present
in or on the premises.
b.Â
The
exterior premises of all adult businesses shall be equipped with overhead
lighting of sufficient intensity to illuminate every place to which
customers are permitted access at an illumination equivalent to not
less than one (1) foot-candle in all parking areas and on the general
grounds of the premises as measured at the ground level and there
shall be illumination to the equivalent of not less than five (5)
foot-candles as measured at the ground level at each entrance and
doorway area and such illumination must be maintained at all tunes
that any customer or patron is present on the premises.
8.Â
Closed booths or room prohibited.
a.Â
The
premises of all adult entertainment businesses shall be physically
arranged in such manner that the entire interior portions of any booths,
cubicles, rooms or stalls is visible from a common area of the premises.
The use of video cameras to meet this requirement is not allowed.
Visibility shall not be blocked or obscured by doors, curtains, drapes
or any other obstruction whatsoever. The manager shall be required
to position himself/herself so as to be able to view the entire interior
portion of the premises while on duty.
b.Â
Only
one (1) person shall be allowed in any booth, cubicle or stall at
a time. Such booths, cubicles or stalls shall be constructed out of
metal or such other material that is incapable of perforation by any
customer, employee, entertainer, server or manager on the premises.
Other than the entryways there shall be no openings, holes, access
doors or any other manner of accessibility between any booth, cubicle,
room or stall and any other booth, cubicle room or stall.
9.Â
Ventilation and sanitation requirements. The premises of
all adult entertainment businesses shall be kept in a sanitary condition.
Separate dressing rooms and restrooms for men and women shall at all
times be maintained and kept in a sanitary condition.
10.Â
Hours of operation. No adult businesses or adult entertainment
businesses may be open or in use between the hours of 1:30 A.M. and
10:00 A.M. on any day other than a Sunday when the business may not
be open between the hours of 1:30 A.M. and 12:00 Noon.
[Ord. No. 1616 §11, 2-27-1996]
A.Â
Every
person, corporation, partnership or association licensed under this
Chapter as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B.Â
Every
person holding an adult entertainment server, manager or entertainer
license shall post his/her license in his/her work area on the adult
entertainment facility premises so it shall be readily available for
inspection by City authorities responsible for enforcement of this
Chapter.
[Ord. No. 1616 §12, 2-27-1996]
A.Â
A manager
shall be on duty at any adult entertainment business at all times
the premises is open for business. The name of the manager on duty
shall be prominently posted during business hours.
B.Â
It shall
be the responsibility of the manager to verify that any person who
provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment server's license and that such licenses are prominently
posted.
C.Â
It shall
be the responsibility of the manager to insure persons under the age
of eighteen (18) do not enter upon the premises.
[Ord. No. 1616 §13, 2-27-1996]
All adult businesses shall permit representatives of the Police
Department or any other City Official acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
[Ord. No. 1616 §14, 2-27-1996]
A.Â
Whenever
the Department of Administration has information that:
1.Â
The
owner or operator of an adult business or a holder of an adult entertainment
manager, server or entertainer license has violated or knowingly allowed
or permitted the violation of any of the provisions of this Chapter;
or
2.Â
There
have been recurrent violations of provisions of this Chapter that
have occurred under such circumstances that the owner or operator
of an adult entertainment business knew or should have known that
such violations were committed; or
3.Â
The
adult business license or the manager, server or entertainer license
was obtained through false statements in the application for such
license or renewal thereof; or
4.Â
The
adult business licensee or the manager, server or entertainer licensee
failed to make a complete disclosure of all information in the application
for such license or renewal thereof; or
5.Â
The owner or operator or any partner or any corporate officer of director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 625.090; or
6.Â
The holder of a manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 625.090;
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Then the City Administrator shall conduct a hearing to determine
whether the license should be suspended or revoked. Based on the evidence
produced at the hearing, the City Administrator may take any of the
following actions:
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1.
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Suspend the license for up to ninety (90) days.
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2.
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Revoke the license for the remainder of the license year.
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3.
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Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of the Chapter occur and after a hearing the violation is determined
to have actually occurred, the license will be revoked for the remainder
of the license year.
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[Ord. No. 1616 §15, 2-27-1996]
A.Â
A license
may be renewed by making application to the Department of Administration
on application forms provided for that purpose. Licenses shall expire
on June thirtieth (30th) of each calendar year and renewal applications
for such licenses shall be submitted between June fifteenth (15th)
and June thirtieth (30th).
B.Â
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[Ord. No. 1616 §16, 2-27-1996]
Following the entry of an order by the City Administrator suspending
or revoking a license issued pursuant to this Chapter or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Administrator
may stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and/or final disposition of proceedings
for judicial review.
[Ord. No. 1616 §18, 2-27-1996]
The City Administrator shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Chapter.
