[R.O. 2013 §605.240; Ord. No. 1442, 2-22-1999; Ord. No.
1521 §2, 11-20-2000]
As used in this Article, the following terms shall have these
prescribed meanings:
Refers to persons who have attained the age of twenty-one
(21) years.
An establishment having as a significant portion of its stock
in trade books, magazines and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined in this Section, or an establishment or section
thereof devoted to the sale or display of such material.
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.
A fixed place of business which, as a portion of all of its
business, emphasizes activities or seeks, through one (1) or more
dancers, to arouse or excite the patrons' sexual desires or sexual
fantasies whether or not alcoholic beverages, beer, intoxicating liquor,
or other non-intoxicating beverages are sold or consumed on the premises.
Any male or female who performs in an erotic dance establishment
who is not fully clothed or is wearing clothing designed to accentuate
the body in a manner which would tend to sexually arouse another person.
Any person who manages, directs, administrates or is in charge
of the affairs and/or conduct of any portion of any activity at an
adult entertainment establishment.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, the showing of
the female breast with less than a fully opaque covering below a point
immediately below the top of the areola, or the showing of the covered
male genitals in a discernable turgid state.
A customer of an establishment where erotic dancing occurs
while on the premises.
Those areas of the human body specified in the definition
of "NUDITY" above.
[R.O. 2013 §605.250; Ord. No. 1442, 2-22-1999; Ord. No.
1445 §1, 3-1-1999]
A.
It
shall be unlawful for any erotic dancer to fondle, caress or touch
any patron in any manner which could cause any degree of sexual arousal
or excitement to either person or for any patron to fondle, caress
or touch any dancer in any manner which could cause any degree of
sexual arousal or excitement to either person.
B.
It
shall be unlawful for any erotic cancer to dance at a distance of
less than ten (10) feet from any patron or to touch any patron while
dancing.
C.
It
shall be unlawful for any erotic dancer to dance on a stage that is
not raised at least two (2) feet above the area on which the patron
or patrons sit or stand.
D.
It
shall be unlawful for any patron to tip, give a gratuity or other
thing of value to any erotic dancer or to someone else in his/her
behalf, and it shall be unlawful for any erotic dancer to receive
from a patron in any manner any tip, pay, gratuity or other thing
of value either directly or indirectly. It shall also be unlawful
for any erotic dancer to solicit any pay, tip, gratuity or other thing
of value from any patron.
E.
It
shall be unlawful for any person maintaining, owning or operating
a commercial establishment:
1.
To suffer or permit any female person, while on the premises of said
commercial establishment, to expose to the public view that area of
the human breast at or below the areola thereof.
2.
To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in Subsection (E)(1) of this Section.
3.
To suffer or permit any person, while on the premises of said commercial
establishment, to expose to public view his or her genitals, pubic
area, buttocks, anus, anal cleft or cleavage.
4.
To suffer or permit any person, while on the premises of said commercial
establishment, to employ any device or covering which is intended
to give the appearance of or simulate the genitals, pubic area, buttocks,
anus, anal cleft or cleavage.
5.
To suffer or permit any person, while on the premises of said commercial
establishment, to engage in the actual or simulated touching, caressing
or fondling on the breasts, buttocks, anus, genitals or pubic area.
[R.O. 2013 §605.260; Ord. No. 1442, 2-22-1999; Ord. No.
1444 §1, 3-1-1999; Ord. No. 1521 §3, 11-20-2000]
A.
It
shall be unlawful for any establishment in which erotic dancing occurs
to allow erotic dancing to occur on premises without an erotic dance
establishment license.
1.
A prospective licensee shall provide the Police Department of the City of Valley Park with his/her name, address, phone number, principal occupation, and similar information for all partners or stockholders in the venture, as well as a description of the proposed establishment, the nature of the proposed business, and the magnitude thereof. Upon providing this information, a license to allow erotic dancing within the establishment will be issued within two (2) business days by the City Clerk, provided that the licensee shall be subject to the provisions of Chapter 605 of the Valley Park Code of Ordinances.
2.
Owners or the operators of an establishment with an erotic dance
license shall maintain business records that include the names and
addresses and ages of all persons employed as dancers or contracted
to perform dances for a period of two (2) years. Said list or lists
shall be made available to the City of Valley Park Police Department
upon request at any time. No later than March first (1st) of each
year, an erotic dance establishment licensee shall file a verified
report with the City Clark showing the licensee's gross receipts and
the amounts paid to each of the dancers, identifying each by name
and amount, for the preceding calendar year.
B.
It shall be unlawful for any erotic dancer to dance at an erotic dance establishment within the City limits of the City of Valley Park, Missouri, without first securing a license to do so from the City of Valley Park. A dancer applying for a license shall provide the City with his/her name, address, phone number, birth date, aliases (past and present), and the business name or names and address or addresses where the dancer intends to dance. The license shall be obtained from the City of Valley Park and shall be issued upon application or at least within two (2) business days thereafter, provided that the applicant shall be liable for those fees set forth in Section 605.100(C), Valley Park Code of Ordinances.
C.
It shall be unlawful for an adult bookstore to operate a business without having first obtained a business license from the City provided that nothing construed in this Article shall permit or authorize an establishment doing business or shall require the issuance of a permit for an establishment to do business that will violate the provisions of Chapter 210, Article X (pornography and offenses relating thereto).
D.
Business Permit Application.
1.
Every applicant for a permit to maintain, operate or conduct an adult entertainment establishment shall file an application with the City Clerk and pay an annual fee to the City Clerk commensurate with Section 605.190.
2.
The applicant for a permit to operate an adult bookstore establishment
shall set forth the exact nature of the establishment, the proposed
place of business and facilities therefor, and the name, residence
address, telephone number, date of birth and Social Security number
of each applicant including any stockholder holding more than ten
percent (10%) of the stock of the corporation, any partner and/or
proprietor and any manager. Each such person shall provide written
proof that he/she is an adult as defined in this Article. Each such
person shall further provide a statement:
a.
Whether he/she has previously operated in this or another City, County
or State and, if so, where and whether any business license has been
revoked or suspended including the reason(s) therefor;
b.
That he/she has not been convicted of a felony criminal act within
five (5) years prior to the application;
c.
That he/she has not been convicted of a misdemeanor criminal act
or a municipal ordinance violation within two (2) years prior to the
application, where such criminal act involved sexual offenses, prostitution,
promotion of prostitution, sexual abuse, pornography or related offenses,
or that involved controlled substances, illegal drugs or narcotic
offenses.
d.
All applications shall be verified by notarized statement under oath
that the applicant has personal knowledge of the information contained
in the application, that all information is true and correct and further
state the applicant has read this Article regulating adult bookstore
and erotic dance establishments.
[R.O. 2013 §605.270; Ord. No. 1521 §4, 11-20-2000]
A.
An
erotic dance establishment or an adult bookstore are declared to be
regulated uses according to their location and spatial separation
and shall be governed as follows:
1.
Location and spatial regulations.
a.
Adult bookstores or erotic dance establishments may be located upon
any industrially zoned property but not within one thousand two hundred
(1,200) feet of any residentially zoned property;
b.
No adult bookstores or erotic dance establishments shall be allowed
to locate or expand within one thousand (1,000) feet of any other
adult bookstore or erotic dance establishment or of any business licensed
to sell or serve alcoholic beverages as defined by this Code whether
or not the business is also an adult bookstore or erotic dance establishment
as defined in this Article; and
c.
No adult bookstore or erotic dance establishment shall be allowed
to locate or expand within one thousand two hundred (1,200) feet of
any school, religious institution or public park within the City.
2.
Measurement of distance.
a.
The distance between any two (2) adult bookstores or erotic dance
establishments or between any adult entertainment establishment and
a business selling or serving alcoholic beverages shall be measured
in a straight line without regard to intervening structures from the
closest exterior structural wall of each business.
b.
The distance between any adult bookstore or erotic dance establishment
and any religious institution, school or public park or any property
zoned for residential use shall be measured in a straight line without
regard to intervening structures from the closest exterior structural
wall of the adult entertainment establishment to the closest property
line of the religious institution, school or public park or the property
zoned for residential use.
