[R.O. 1992 § 613.010; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following words or phrases shall have the
meaning set out herein:
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 purpose:
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 RETAIL ESTABLISHMENTSAn 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.
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 NEWSRACKAny 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 NEWSSTANDA 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.
Businesses that provide the following entertainment:
ADULT ENTERTAINMENT BUSINESSAny 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 MOTION PICTURE THEATERAn 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 THEATERAn 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.
ADULT CABARETA nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear seminude.
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 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.
BODY PAINTING STUDIOAn 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:
BATHHOUSEAn 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.
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, motion 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.
The definition of "adult business" also includes, but is not
limited to, the following statutory definition of “sexually
oriented business,” pursuant to Section 573.010, RSMo.:
SEXUALLY ORIENTED BUSINESSIncludes:
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed are
characterized by their emphasis upon matter exhibiting specified sexual
activities or specified anatomical areas;
An adult cabaret;
ADULT MOTION PICTURE THEATERA commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration;
SEMINUDE MODEL STUDIOA place where persons regularly appear in a state of seminudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of seminudity do so in a modeling class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
In a structure which has no sign visible from the exterior of
the structure and no other advertising that indicates a seminude person
is available for viewing; and where, in order to participate in a
class, a student must enroll at least three (3) days in advance of
the class.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two (2) or more persons when one or more of the persons is seminude.
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 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 member.
Any person who performs any service on the premises of a
sexually oriented business, on a full-time, part-time, or contract
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises
or for the delivery of goods to the premises.
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 dance performed by an erotic dancer in an erotic dance
establishment which emphasizes or seeks to arouse or excite a patron's
sexual desires.
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 business
or adult business.
Any person on the premises of a sexually oriented business
who causes the business to function, puts or keeps the business in
operation, or is authorized to manage the business or exercise overall
operational control of the business premises. A person may be found
to be operating or causing to be operated a sexually oriented business
whether or not such person is an owner, part owner, or licensee of
the business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial 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.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Any person who serves food or drink at an adult entertainment
business or adult business.
Any performance, or part thereof, which includes sexual conduct
by a child who is less than seventeen (17) years of age.
Include:
Includes any of the following:
[R.O. 1992 § 613.020; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
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.
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 business or adult entertainment business.
C.
It shall be prima facie evidence that any adult business or adult
entertainment business that fails to have posted, in the manner required
by this Section, an adult business or 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 business or adult
entertainment business in which an adult business or adult entertainment
license is not posted, in the manner required by this Section, had
knowledge that such business was not licensed.
D.
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 or adult entertainment is open
to the public, unless otherwise requested by the adult business or
adult entertainment, and shall not unreasonably interfere with the
conduct of such business.
[R.O. 1992 § 613.030; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business or 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 business or adult entertainment
business after such person's license to do so has been revoked
or suspended.
[R.O. 1992 §§ 613.040; Ord.
No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
The license year for all fees required under this Chapter shall be
from each July 1 through June 30. 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.
All licenses shall be issued for a specific location and shall be
non-refundable and non-transferable.
C.
The classification of licenses and fees for adult business or adult
entertainment business each shall be as follows:
[R.O. 1992 § 613.050; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
Adult Business And Adult Entertainment Business License.
1.
All persons desiring to secure a license to operate an adult
business or adult entertainment business under the provisions of this
Chapter shall make a notarized application with the City Clerk. All
applications shall be submitted in the name of the person proposing
to conduct or operate the adult business or adult entertainment business.
All applications shall be submitted on a form supplied by the City
Clerk and shall require the following information:
a.
The name, residence address, home telephone number, occupation,
date and place of birth and social security number of the applicant.
b.
The name of the adult business or adult entertainment business,
a description of the adult business or adult entertainment to be performed
on the licensed premises, and the name of the owner of the premises
where the adult business or adult entertainment business will be located.
c.
The names, residence addresses, social security numbers and
dates of birth 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.
d.
The 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.
e.
A description of the adult business or adult entertainment or
similar business history of the applicant, or of all partners, or
of all 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 revoked or suspended, the reason
therefor, and the activity or occupation subjected to such action,
suspension or revocation.
f.
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.
g.
Statement Of No Convictions Of Certain Offenses.
(1)
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)
A felony criminal act within five (5) years immediately
preceding the application, or
(b)
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 involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substance Act or other Statutes or ordinances.
(2)
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.
h.
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.
i.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
j.
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.
2.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B.
License.
1.
All persons desiring to secure a license under the provisions
of this Chapter shall make a notarized application with the City Clerk.
All applications shall be submitted on a form supplied by the City
Clerk and shall require the following information:
a.
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.
b.
The name and address of each adult business or adult entertainment
business where the applicant intends to work and an intent to hire
statement from a business that is licensed, or that has applied for
a license, under the provisions of this Chapter, indicating the business
intends to hire the applicant to manage, serve or entertain on the
premises.
c.
Statement Applicant Has Had No Convictions Of Certain Offenses.
(1)
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)
A felony criminal act within five (5) years immediately
preceding the application, or
(b)
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 involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substance Act or other Statutes or ordinances.
(2)
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.
d.
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant.
e.
The applicant shall present to the City Clerk who shall copy
documentation 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:
(1)
A motor vehicle operator's license issued
by any State bearing this applicant's photograph and date of
birth;
(2)
A State issued identification card bearing the
applicant's photograph and date of birth;
(3)
An official and valid passport issued by the United
States of America;
(4)
An immigration card issued by the United States
of America;
(5)
Any other form of picture identification issued
by a governmental entity that is deemed reliable by the City Clerk;
or
(6)
Any other form of identification deemed reliable
by the City Clerk.
2.
Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
C.
Application Processing.
1.
Upon receipt of a complete application for an adult business
license or an adult entertainment business license or a manager, server
or entertainer license, the City Clerk shall immediately transmit
one (1) copy of the application to the Chief of Police for investigation
of the application. In addition, the City Clerk shall transmit a copy
of the application to the Building Inspector. It shall be the duty
of the Chief of Police or his/her 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 Chief of Police shall report the results
of the investigation to the City Clerk not later than ten (10) working
days from the date the application is received by the City Clerk.
It shall be the duty of the Building Inspector 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.
2.
The Building Inspector shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk. Upon receipt of the
reports from the Chief of Police and the Building Inspector, the City
Clerk shall schedule the application for the consideration by the
Board of Aldermen at the earliest meeting consistent with the notification
requirements established by law, providing the licensed application
for an adult entertainment business and for an adult entertainment
business manager, server or entertainer license shall be approved
or disapproved within forty-five (45) days of the date of filing of
a completed application with the City Clerk's office. The applicant
shall be notified in writing of the date when the Board of Aldermen
will consider the application.
[R.O. 1992 § 613.060; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
If the application for an adult business or an adult entertainment business or a manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Board of Aldermen shall examine the application and after such examination, the Board of Aldermen 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 to Section 613.070.
B.
The record of the Board of Aldermen shall show the action taken on
the application, and if the license is granted, the Board of Aldermen
shall direct the City Clerk to issue 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.
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 that basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provided
by law.
A.
No
person shall establish a sexually oriented business within one thousand
(1,000) feet of any preexisting primary or secondary school, house
of worship, State-licensed day-care facility, public library, public
park, residence, or other sexually oriented business. This Subsection
shall not apply to any sexually oriented business lawfully established
prior to August 28, 2010. For purposes of this Subsection, measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the closest portion of the parcel containing the
sexually oriented business to the closest portion of the parcel containing
the preexisting primary or secondary school, house of worship, State-licensed
day-care facility, public library, public park, residence, or other
sexually oriented business.
B.
No
person shall establish a sexually oriented business if a person with
an influential interest in the sexually oriented business has been
found guilty of any of the following specified offenses for which
less than eight (8) years has elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is later:
C.
No
person shall knowingly or intentionally, in a sexually oriented business,
appear in a state of nudity.
D.
No
employee shall knowingly or intentionally, in a sexually oriented
business, appear in a seminude condition unless the employee, while
seminude, shall be and remain on a fixed stage at least six (6) feet
from all patrons and at least eighteen (18) inches from the floor
in a room of at least six hundred (600) square feet.
E.
No
employee who appears in a seminude condition in a sexually oriented
business shall knowingly or intentionally touch a patron or the clothing
of a patron in a sexually oriented business.
F.
A sexually
oriented business which exhibits on the premises, through any mechanical
or electronic image-producing device, a film, video cassette, digital
video disc, or other video reproduction, characterized by an emphasis
on the display of specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
1.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from an operator's station of every
area of the premises, including the interior of each viewing room
but excluding restrooms, to which any patron is permitted access for
any purpose;
2.
An operator's station shall not exceed thirty-two (32) square feet
of floor area;
3.
If the premises has two (2) or more operator's stations designated,
the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one (1) of the operator's stations;
4.
The view required under this Subsection shall be by direct line of
sight from the operator's station;
5.
It is the duty of the operator to ensure that at least one (1) employee
is on duty and situated in an operator's station at all times that
any patron is on the portion of the premises monitored by such operator
station; and
6.
It shall be the duty of the operator and of any employees present
on the premises to ensure that the view area specified in this Subsection
remains unobstructed by any doors, curtains, walls, merchandise, display
racks, or other materials or enclosures at all times that any patron
is present on the premises.
G.
Sexually
oriented businesses that do not have stages or interior configurations
which meet at least the minimum requirements of Sections 573.525 to
573.537, RSMo., shall be given one hundred eighty (180) days after
August 28, 2010, to comply with the stage and building requirements
of Sections 573.525 to 573.537, RSMo. During such 180-day period,
any employee who appears within view of any patron in a seminude condition
shall remain, while seminude, at least six (6) feet from all patrons.
H.
No
operator shall allow or permit a sexually oriented business to be
or remain open between the hours of 12:00 Midnight and 6:00 A.M. on
any day.
I.
No
person shall knowingly allow a person under the age of eighteen (18)
years on the premises of a sexually oriented business.
J.
ESTABLISH or ESTABLISHMENT
a.
b.
c.
INFLUENTIAL INTEREST
a.
b.
c.
VIEWING ROOM
As
used in this Section, the following terms mean:
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business; or
The addition of any sexually oriented business to any other
existing sexually oriented business.
Includes any of the following:
The actual power to operate a sexually oriented business or
control the operation, management, or policies of a sexually oriented
business or legal entity which operates a sexually oriented business;
Ownership of a financial interest of thirty percent (30%) or
more of a business or of any class of voting securities of a business;
or
Holding an office, such as President, Vice President, Secretary,
Treasurer, managing member, or managing director, in a legal entity
which operates a sexually oriented business.
The room, booth, or area where a patron of a sexually oriented
business would ordinarily be positioned while watching a film, video
cassette, digital video disc, or other video reproduction.
[R.O. 1992 § 613.090; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
Every person, corporation, partnership or association licensed under
this Chapter shall post such license in a conspicuous place and manner
on the premises.
B.
Every person holding a server, manager or entertainer license shall
post his/her license in his/her work area on the premises so it shall
be readily available for inspection by City authorities responsible
for enforcement of this Chapter.
[R.O. 1992 § 613.100; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
An adult entertainment 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.
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.
[R.O. 1992 § 613.110; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
All adult entertainment 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.
[R.O. 1992 § 613.120; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
Whenever the City Clerk has information that:
1.
The owner or operator of an adult entertainment 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.
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.
The adult entertainment business license or the adult entertainment
manager, server or entertainer license was obtained through false
statements in the application for such license or renewal thereof;
or
4.
The adult entertainment business licensee or the adult entertainment
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.
The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 613.050(A); or
6.
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 613.050(B), then the City Clerk shall make this information known to the Board of Aldermen, which shall upon five (5) days' written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The Board of Aldermen may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Board of Aldermen may take any of the following actions:
a.
Suspend the license for up to ninety (90) days.
b.
Revoke the license for the remainder of the license year.
c.
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 during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, license will be revoked for the remainder of the
license year.
[R.O. 1992 § 613.130; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A.
A license may be renewed by making application to the City Clerk
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.
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.
[R.O. 1992 § 613.140; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
Following the entry of an order by the City Clerk, 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 Clerk
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.
[R.O. 1992 § 613.150; Ord. No.
1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not exceeding five hundred dollars ($500.00) or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of or
failure, refusal or neglect to comply with, any provision of this
Chapter shall constitute a separate and distinct offense.
