City of Aurora, MO Sexually Oriented Businesses

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically, or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time; and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment that, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

ADULT CABARET: A nightclub, bar, restaurant, or similar commercial establishment that regularly features any of the following:

ADULT MOTEL: A hotel, motel or similar commercial establishment that offers any of the following:

ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT THEATER: 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".

CITY: The City of Aurora.

EMPLOYEE: A person who employs any services on the premises of a sexually oriented business on a full-time, part-time, contract basis, or independent basis, whether or not the said person is paid a salary, wage, or other compensation by the operator of said business. "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, nor does "employee" include a person exclusively on the premises as a patron or customer.

ESCORT: 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.

ESCORT AGENCY: 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.

ESTABLISHMENT: Includes any of the following:

LICENSED DAYCARE CENTER: 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.

LICENSEE: 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.

NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered.

PERSON: An individual, proprietorship, corporation, association, or other legal entity.

PREMISES: 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.

SEMI-NUDE OR SEMI-NUDITY: The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or sexual encounter center.

SPECIFIED ANATOMICAL AREAS: Means:

SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:

SPECIFIED SEXUAL ACTIVITIES: Includes any of the following:

SUBSTANTIAL ENLARGEMENT: "Substantial enlargement" of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on April 27, 1999.

TRANSFER OF OWNERSHIP OR CONTROL: "Transfer of ownership or control" of a sexually oriented business means and includes any of the following:

Section 620.020 Classification.

[Ord. No. 99-2376 §235.010, 4-27-1999]

Sexually oriented businesses are classified as follows:

Adult arcades;

Adult bookstores or adult video stores;

Adult cabarets;

Adult motels;

Adult motion pictures theaters;

Adult theaters;

Escort agencies;

Nude model studios; and

Sexual encounter centers.

Section 620.030 License Required.

[Ord. No. 99-2376 §235.020, 4-27-1999]

It shall be unlawful:

For any person to operate a sexually oriented business without a valid sexually oriented business license issued pursuant to this Chapter.

For any person to operate a sexually oriented business without a valid City of Aurora merchant's license (Section 605.020 of the Aurora City Code).

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 pursuant to this Chapter.

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 pursuant to this Chapter.

It shall be a defense to Subsections (3) and (4) of this Section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.

An application for a sexually oriented business license must be made on a form acceptable to 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 and Zoning Department.

An application for a sexually oriented business employee license must be made on a form acceptable to the City.

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.

If a person who wishes to own/operate a sexually oriented business is an individual, he 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. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a business license as applicant.

Applications for a business license, whether original or renewal, must be made to the City by the intended operator of the enterprise. Applications must be submitted to the City during regular working hours. The following information shall be provided on the application form:

The name, street address (and mailing address if different) of the applicant(s);

A recent photograph of the applicant(s);

The applicant's driver's license number, social security number, and/or his/her State or Federally issued tax identification number;

The name under which the establishment is to be operated and a general description of the services to be provided. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he/she must:

State the sexually oriented business' fictitious name;

Submit the required registration documents.

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 620.010, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;

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;

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;

The single classification of license, as found in Section 620.020, for which the applicant is filing;

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, 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 620.160 hereunder.

Each application for a business license shall be accompanied by the following:

Payment of the merchant's license fee in full;

If the establishment is a corporation, a certificate of good standing from the State of incorporation (dated within thirty (30) days of application for license), a certified copy of the articles of incorporation, together with all amendments thereto;

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;

If the establishment is a limited partnership, a certified copy of the certificate of limited partnership, together with all amendments thereto;

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;

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;

If the persons identified as the fee owner(s) of the tract of land in Subsection (6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other documents 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;

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 sexually oriented businesses within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, public park or recreation area, or family-oriented entertainment business within one thousand (1,000) feet of the property to be certified. For the purpose of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted;

Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made by the person to whom the employee license shall issue. Applications must be submitted during regular working hours. Each applicant shall be required to give the following information on the application form:

The applicant's given name, and any other names by which the applicant is or has been known, including "stage" names and/or aliases;

Age, and date and place of birth;

Height, weight, hair color, and eye color;

Present residence address and telephone number;

Present business address and telephone number;

Date, issuing State, and number of photo driver's license, or other State issued identification card information;

Social security number; and

Proof that the individual is at least eighteen (18) years of age.

Attached to the application form for a license shall be the following:

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.

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 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.

A statement whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 620.010, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.

Every application for a license shall contain a statement under oath that:

The applicant has personal knowledge of the information contained in the application, and that the information contained therein furnished therewith is true and correct; and

The applicant has read the provisions of this Chapter.

A separate application and business license shall be required for each sexually oriented business classification as set forth in Section 620.020.

The fact that a person possesses other types of State or City permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented businesses or employee license.

Section 620.040 Issuance of License.

[Ord. No. 99-2376 §235.030, 4-27-1999]

Upon the filing of an application for a sexually oriented business employee license, the application shall be referred to the appropriate City department for investigation to be made on the information contained in the application. After the investigation, the City may issue an employee license, unless it is determined that one (1) or more of the following findings is true:

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;

The applicant is under the age of eighteen (18) years;

The applicant has been convicted of a "specified criminal activity" as defined in Section 620.010 of this Chapter;

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

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.

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.

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 that the applicant has not been convicted of any "specified criminal activity" as defined in Section 620.010 of 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.

If application is made for a sexually oriented business license, the City shall deny issuance of the license to an applicant if it is determined that one (1) or more of the following findings is true:

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;

An applicant is under the age of eighteen (18) years;

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;

An applicant or a person with whom the applicant is residing is overdue in payment to City taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business;

An applicant or a person with whom the applicant is residing has been convicted of a "specified criminal activity" as defined in Section 620.010;

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;

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.

Applicant's location has not been approved as an adult entertainment district.

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 620.020 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.

A sexually oriented business license shall be issued for only one (1) classification, as set forth in Section 620.020.

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 City that the applicant has not been convicted of any "specified criminal activity" as defined in Section 620.010 of 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.

Section 620.050 Inspection.

[Ord. No. 99-2376 §235.050, 4-27-1999]

An applicant or licensee shall permit representatives of the Police Department, Code Enforcement 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.

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he/she refuses to promptly permit such lawful inspection of the premises.

Section 620.060 Expiration of License.

[Ord. No. 99-2376 §235.060, 4-27-1999]

Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 620.030. 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.

When the City denies renewal of a license, the applicant shall not be issued a license for two (2) years from the date of denial.

Section 620.070 Suspension.

[Ord. No. 99-2376 §235.070, 4-27-1999]

The City shall suspend a license for a period not to exceed thirty (30) days if it determines that licensee or an employee of licensee has:

Violated or is not in compliance with any Section of this Chapter;

Operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances;

Refused to allow prompt inspection of the sexually oriented business premises as authorized by this Chapter;

With knowledge, permitted gambling by any person on the sexually oriented business premises.

Section 620.080 Revocation.

[Ord. No. 99-2376 §235.080, 4-27-1999]

The City shall revoke a license if a cause of suspension in Section 620.070 occurs and the license has been suspended within the preceding twelve (12) months.

The City shall revoke a license if it determines that a licensee or an employee of licensee:

Gave false or misleading information in the material submitted during the application process;

Was convicted of a "specified criminal activity" on a charge that was pending prior to the issuance of the license. (This provision also includes persons residing with the licensee or employee);

Permitted the possession, use, or sale of controlled substances on the premises;

Permitted the sale, use, or consumption of alcoholic beverages on the premises;

Permitted prostitution on the premises;

Operated the sexually oriented business during a period of time when the license was suspended;

Permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises;

Is delinquent in payment to the City or State for any taxes or fees;

Permitted a person under eighteen (18) years of age to enter the establishment; or

10.

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.

When the City revokes a license, the revocation shall continue for two (2) years, and the licensee shall not be issued a sexually oriented business license for two (2) years from the date revocation became effective.

Section 620.090 Judicial Review.

[Ord. No. 99-2376 §235.090, 4-27-1999]

After denial of an initial or renewal application by the City, or suspension or revocation of a license by the City, 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.

Section 620.100 No Transfer of License.

[Ord. No. 99-2376 §235.100, 4-27-1999]

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.

Section 620.110 Location Restriction.

[Ord. No. 99-2376 §235.110, 4-27-1999]

Sexually oriented businesses shall operate in accordance with the following provisions:

The sexually oriented business may not be operated within:

One thousand (1,000) feet of a church, synagogue or regular place of religious worship;

One thousand (1,000) feet of a public or private elementary or secondary school;

One thousand (1,000) feet of a boundary of any residential district;

One thousand (1,000) feet of a public park;

One thousand (1,000) feet of a licensed daycare center;

One thousand (1,000) feet of an entertainment business that is oriented primarily towards children or family entertainment; or

One thousand (1,000) feet of another sexually oriented business.

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 620.020.

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 daycare center, or child or family entertainment business.

For purposes of Subsection (3) 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.

No sexually oriented business shall be kept open for any purpose between the hours of 12:00 Midnight and 7:00 A.M. No sexually oriented business shall be operated or conducted in connection with, directly or indirectly, any place used for living or sleeping quarters.

Section 620.120 Non-Conforming Uses.

[Ord. No. 99-2376 §235.120, 4-27-1999]

Any business lawfully operating on April 27, 1999, that is in violation of the location 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 voluntarily or 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 (1st) established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming.

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 a regular place of religious worship, public or private elementary or secondary school, licensed daycare center, public park, residential district, or child or family entertainment business within one thousand (1,000) feet of the sexually oriented business. The 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.

Violation of Subsection (B) of the Section shall constitute a misdemeanor.

Section 620.130 Additional Regulations For Escort Agencies.

[Ord. No. 99-2376 §235.130, 4-27-1999]

An escort agency shall not employ any person under the age of eighteen (18) years.

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.

Violation of this Section shall constitute a misdemeanor.

Section 620.140 Additional Regulations For Nude Model Studios.

[Ord. No. 99-2376 §235.140, 4-27-1999]

A nude model studio shall not employ any person under the age of eighteen (18) years.

A person under the age of eighteen (18) years commits a misdemeanor 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 of age was in a restroom not open to the public view or visible by any other person.

A person commits a misdemeanor 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.

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.

Section 620.150 Additional Regulations Concerning Public Nudity.

[Ord. No. 99-2376 §235.150, 4-27-1999]

It shall be a misdemeanor 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.

It shall be a misdemeanor 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.

It shall be a misdemeanor 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 or the clothing of a semi-nude employee.

It shall be a misdemeanor 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.

Section 620.160 Regulations Pertaining To Exhibition of Sexually Explicit Films, Videos and Live Performances.

[Ord. No. 99-2376 §235.160, 4-27-1999]

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:

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 City 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.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the City.

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.

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.

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 material 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.

No viewing room may be occupied by more than one (1) person at any time.

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) foot-candle (five (5) feet) as measured at floor level.

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, easy to clean material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48) inches of the floor.

A person having a duty under Subsections (A)(1 — 14) of this Section commits a misdemeanor if he/she, with knowledge, fails to fulfill that duty.

Section 620.170 Exterior Portions of Sexually Oriented Businesses.

[Ord. No. 99-2376 §235.170, 4-27-1999]

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.

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.

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:

The establishment is a part of a commercial multi-unit center; and

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.

Nothing in this Chapter shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.

A violation of any provision of this Section shall constitute a misdemeanor.

Section 620.180 Signage.

[Ord. No. 99-2376 §235.180, 4-27-1999]

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.

Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:

Not contain any flashing lights;

Be a flat plane, rectangular in shape;

Not exceed seventy-five (75) square feet in area; and

Not exceed ten (10) feet in height or ten (10) feet in length.

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.

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.

Secondary signs shall have only one (1) display surface. Such display surface shall:

Be a flat plane, rectangular in shape;

Not exceed twenty (20) square feet in area;

Not exceed five (5) feet in height and four (4) feet in width; and

Be affixed or attached to any wall or door of the enterprise.

The provisions of Subsections (B)(1), (C) and (D) shall also apply to secondary signs.

Violation of any provision of this Section shall constitute a misdemeanor.

Section 620.190 Sale, Use or Consumption of Alcoholic Beverages Prohibited.

[Ord. No. 99-2376 §235.190, 4-27-1999]

The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.

Any violation of this Section shall constitute a misdemeanor.

Section 620.200 Persons Younger Than Eighteen Years of Age Prohibited From Entry — Attendant Required.

[Ord. No. 99-2376 §235.200, 4-27-1999]

It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open.

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' 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 a valid operator's, commercial operator's, or chauffeur's driver's license.

Violation of this Section shall constitute a misdemeanor.

Section 620.210 Massages or Baths Administered By Person of Opposite Sex.

[Ord. No. 99-2376 §235.210, 4-27-1999]

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 a misdemeanor.

Section 620.220 Hours of Operation.

[Ord. No. 99-2376 §235.220, 4-27-1999]

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 A.M and 8:00 A.M. on weekdays and Saturdays, and 1:00 A.M. and 12:00 P.M. on Sundays.

Section 620.230 Exemptions.

[Ord. No. 99-2376 §235.230, 4-27-1999]

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:

By a proprietary school, licensed by the State of Missouri, a college, junior college, or university supported entirely or partly by taxation;

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.

Section 620.240 Notices.

[Ord. No. 99-2376 §235.240, 4-27-1999]

Any notice required or permitted to be given by any 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 City. 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 City or its designee shall cause it to be posted at the principal entrance to the establishment.

It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the City in writing of any change of residence or mailing address.

Section 620.250 Injunction.

[Ord. No. 99-2376 §235.250, 4-27-1999]

A person who operates or causes to be operated a sexually oriented business without a valid business license or in violation of Section 620.110 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.

Section 620.260 Separability.

[Ord. No. 99-2376 §235.260, 4-27-1999]

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.

Section 620.270 Penalty For Violation.

[Ord. No. 99-2376 §235.270, 4-27-1999]

Violation of any provision of this Chapter shall constitute a misdemeanor.

Section 620.280 Ancillary Sales/Rental of Adult Oriented Products.

[Ord. No. 99-2376 §235.280, 4-27-1999]

For the purpose of this Section, "adult oriented products" shall be defined as being books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe "specified sexual activities", or "specified anatomical areas", or instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".

Commercial establishments which sell or rent "adult oriented products", as an ancillary and insignificant portion of their business, shall as a condition of receiving a merchant's license for the City of Aurora (Section 605.020), comply with following provisions:

X-rated movies. X-rated movies or video tapes shall be restricted to persons over eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sell, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or that have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas", such videos shall be located in a specified section of the establishment where persons under the age of eighteen (18) shall be prohibited, and shall not be visible from the outside of the premises.

Sealing of materials. No person shall, for commercial purposes, display in any business at any time open to minors, any book, magazine, or other publication or matter which depicts any photograph or pictorial representation of any of the "specified anatomical areas" or any "specified sexual activities", unless such book, magazine, or other publication or matter is sealed in a plastic wrapper, is stapled closed, or is by any other means sealed in such a manner as to reasonably restrict and deter its being opened prior to sale, whereby such photograph or pictorial representation may become exposed to the view of any minor.

Exemption to sealing. As defined in Subsection (B), any book, magazine, or other publication or matter need not be wrapped, stapled closed or sealed when displayed from an area which places such book, magazine, or other publication or matter reasonably beyond the reach of any minor; provided, that no such book, magazine, or other publications or matter depicts any photograph or pictorial representation, as defined in Subsection (B), on its cover or elsewhere, whereby such photograph or pictorial representation may become exposed to the view of a minor.

Minor need not view or gain control of material. To commit a violation of this Chapter it is not required that a minor have actually viewed or physically gained control of any book, magazine, movie, other publication or matter as defined by this Chapter, when such book, magazine, movie or other publication or matter is not wrapped, stapled closed, sealed, covered or removed from view as required.