[R.O. 2008 §645.040; Ord. No. 5158 §1, 8-23-1993]
A.
Every
person, corporation, partnership, or association licensed under this
Chapter as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B.
Every
person holding an adult entertainment server, manager or entertainer
license shall post his or her license in his or her work area on the
adult entertainment facility premises so it shall be readily available
for inspection by City authorities responsible for enforcement of
this Chapter.
[R.O. 2008 §645.050; Ord. No. 5158 §1, 8-23-1993]
A.
An
adult entertainment manager shall be on duty at any adult entertainment
business at all times the premises are 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 entertainment entertainer's license
or an adult entertainment server's license, and that such licenses
are prominently posted.
[R.O. 2008 §645.060; Ord. No. 5158 §1, 8-23-1993]
A.
It
shall be unlawful for any person to operate or maintain an adult entertainment
business in the City unless the owner, operator or lessee thereof
has obtained an adult entertainment business license from the City.
It shall additionally be unlawful for any person to operate such business
after such adult entertainment business license has been revoked or
suspended.
B.
It
is unlawful for any entertainer, employee or manager to knowingly
perform any work, service or entertainment for or directly related
to the operation of an unlicensed adult entertainment business.
C.
It
shall be prima facia evidence that an adult entertainment business
has not obtained such a license if said business fails to have posted,
in the manner required by this Chapter, an adult entertainment business
license. In addition, it shall be prima facia evidence that any entertainer,
employee or manager who performs any service or entertainment in an
adult entertainment business had knowledge that such business was
not licensed if an adult entertainment license is not posted, in the
manner required by this Chapter.
[R.O. 2008 §645.070; Ord. No. 5158 §1, 8-23-1993]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City, or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[R.O. 2008 §645.080; Ord. No. 5158 §1, 8-23-1993]
A.
The
license year for all fees required under this Chapter shall be from
each July first (1st) through June thirtieth (30th). The application
for a license shall be accompanied by payment in the form of a bank
draft, United States or express money order, certified check or cashier's
check made payable to the City for the correct amount of the license
fee. No application shall be considered complete until such fee is
paid as required.
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 each shall be as follows:
D.
All
license fees shall be due and payable on or before July first (1st)
of each year and shall be good for the year beginning July first (1st)
and ending June thirtieth (30th). If such license is originally issued
after July first (1st) but before December thirty-first (31st) of
the same calendar year, the applicant shall pay one-twelfth (1/12)
of such fee for each month or fraction thereof remaining in the twelve
(12) month period ending on the June thirtieth (30th) of the next
following calendar year. The fee for any license issued subsequent
to December thirty-first (31st) of any license year shall be one-half
(½) of the annual fee with all renewals thereafter being issued
on July first (1st) of each year.
[R.O. 2008 §645.090; Ord. No. 5158 §1, 8-23-1993]
A.
Adult Entertainment Business License. All persons desiring
to secure a license to operate an adult entertainment business under
the provisions of this Chapter shall make a notarized application
with the City Clerk. All applications shall be submitted in the name
of the person proposing to conduct or operate the adult entertainment
business and shall be accompanied by the fee required by this Chapter.
All applications shall be submitted on a form supplied by the City
Clerk and shall contain the following required information:
1.
The name, residence address, home telephone number, occupation, date
and place of birth and Social Security number of the applicant.
2.
If the applicant is a naturalized citizen, the date and place of
naturalization.
3.
The name of the adult entertainment business, a description of the
adult entertainment to be performed on the licensed premises, and
the name of the owner of the premises where the adult entertainment
business will be located.
4.
If the applicant is a partnership, the names, residence address,
Social Security numbers and dates of births of all partners.
5.
If the applicant is a corporation, the names, residence addresses,
Social Security numbers and dates of birth shall be provided for all
corporate officers, directors and for all stockholders who own ten
percent (10%) or greater interest in the corporation.
6.
The addresses of the applicant, all partners, all corporate officers,
directors and applicable stockholders for the five (5) years immediately
prior to the date of application.
7.
A description of the adult entertainment business history or similar
business history of the applicant, all partners, and of all corporate
officers, directors and applicable stockholders, including 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 location, date and reason therefor, and the activity or occupation
subjected to such action, suspension or revocation.
8.
A statement of the business, occupation or employment of the applicant,
all partners, and all corporate officers, directors and applicable
stockholders for the three (3) years immediately preceding the date
of the application.
9.
A statement from the applicant, each partner, and from each corporate
officer, director and applicable stockholders that each person has
not been convicted of, released from confinement for conviction of,
or diverted from prosecution on:
a.
Any felony criminal act within five (5) years immediately preceding
the application, including any felony criminal act involving sexual
offenses, prostitution, promotion of prostitution, sexual abuse of
a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involving controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Comprehensive Drug
Control Act, Substances Act or any other Statutes or ordinances.
b.
Any ordinance violation criminal act within two (2) years immediately
preceding the application, including any ordinance violation criminal
act involving sexual offenses, prostitution, promotion of prostitution,
sexual abuse of a child, pornography or related offenses as defined
in the Missouri Criminal Code, or involving controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Comprehensive Drug Control Act or any other Statutes or ordinances.
c.
Any 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, illegal drugs or narcotics.
10.
A full set of fingerprints and a photograph of the applicant, of
all partners if the applicant is a partnership, and of all corporate
officers, directors and applicable stockholders if the applicant is
a corporation; said fingerprints and photographs to be secured by
Maryville Public Safety Department.
11.
If the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
12.
A statement that the applicant, partners, corporate officers, directors
and applicable stockholders in the conduct of business will not violate
any ordinances of the City, the laws of the State or laws of the United
States.
13.
Whether or not the proposed located, place or premises is within
one thousand (1,000) feet of any school, church, City park or licensed
child care center.
14.
A statement signed under oath by the applicant that the applicant
has personal knowledge of the information contained in the application,
that the information contained therein is true and correct, and that
the applicant has read and understands the provisions of this Chapter
regulating adult entertainment businesses.
15.
Until the information and documentation required by this Subsection
is provided, the application shall constitute an incomplete application
and it shall not be processed.
B.
Adult Entertainment Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of
this Chapter to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. All applications
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer, and shall be accompanied
by the fee required by this Chapter. All applications shall be submitted
on a form supplied by the City Clerk and shall require the following
information:
1.
The applicant's name, home address, home telephone number, date and
place of birth, Social Security number, and all stage names or nicknames
used in entertaining.
2.
If the applicant is a naturalized citizen, the date and place of
naturalization.
3.
The name and address of each adult entertainment business where the
applicant intends to work as a manager, server or entertainer, and
an "intent to hire" statement from an adult entertainment business
that is licensed, or that has applied for a license, under the provisions
of this Chapter, indicating the adult entertainment business intends
to hire the applicant to manage, serve or entertain on the premises.
4.
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, including any felony criminal act involving sexual
offenses, prostitution, promotion of prostitution, sexual abuse of
a child, pornography or related offenses as defined in the Missouri
Criminal Code or involving controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Comprehensive Drug
Control Act, or other Statutes or ordinances.
b.
A ordinance violation criminal act within two (2) years immediately
preceding the application, including any ordinance violation criminal
act involving sexual offenses, prostitution, promotion of prostitution,
sexual abuse of a child, pornography or related offenses as defined
in the Missouri Criminal Code, or involving controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Comprehensive Drug Control Act or any other Statutes or ordinances.
c.
Any 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, illegal drugs or narcotics.
5.
A full set of fingerprints and a photograph of the applicant to be
secured by the Maryville Public Safety Department.
6.
Documentation that the applicant has attained the age of eighteen
(18) years of age at the time the application is submitted. The City
Clerk shall photocopy such documentation and retain said photocopy.
Any of the following shall be accepted as documentation of age:
a.
A motor vehicle operator's license issued by any State bearing this
applicant's photograph and date of birth.
b.
An identification card issued by any State bearing the applicant's
photograph and date of birth.
c.
An official and valid passport issued by the United States of America.
d.
An official and valid immigration card issued by the United States
of America;
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk.
7.
A statement that the applicant in the conduct of business or employment
will not violate any ordinance of the City, the laws of the State
or laws of the United States in the conduct of business or employment.
8.
Until the information and documentation required by this Subsection
is provided, the application shall constitute an incomplete application
and it shall not be processed.
C.
Application Processing.
1.
Upon receipt of a complete application for an adult entertainment
license or an adult entertainment manager, server or entertainer license,
the City Clerk shall immediately transmit one (1) copy of the application
to the Director of Public Safety for investigation of the application.
In addition, in the case of an application for an adult entertainment
business license, the City Clerk shall transmit a copy of the application
to the Director of Public Works.
2.
It shall be the duty of the Director of Public Safety 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 sought. The character,
background, associates, financial investments and indebtedness of
the applicant shall be investigated by the Director of Public Safety,
who 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.
3.
It shall be the duty of the Director of Public Works to determine
whether the structure where the adult entertainment business will
be conducted complies with the requirements and meets the standards
of the applicable health, zoning, building code, fire and property
maintenance ordinances of the City. The Director of Public Works 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.
4.
Upon receipt of the reports from the Director of Public Works, the
City Clerk shall furnish all pertinent information to the City Council.
The City Clerk shall schedule the application for consideration by
the City Council at the earliest meeting consistent with the notification
requirements established by law. The applicant shall be notified in
writing of the date when the City Council will consider the application.
[R.O. 2008 §645.100; Ord. No. 5158 §1, 8-23-1993]
A.
If the application for an adult entertainment business license or an adult entertainment business manager, server or entertainer license is in proper form and accompanied by the appropriate license fee, the City Council shall examine the application, and after such examination, the City Council shall, if the applicant is qualified, approve a license as provided for by law. However, a license shall not be approved to any person who has failed to render full, free and complete answers to all questions contained on the application or who is ineligible by reason of an affirmative answer to the questions contained in Section 635.090 or who is ineligible pursuant to any provision of Section 635.110. The record of the City Council shall reflect the action taken on the application.
B.
If
the license application is granted, the City Council shall direct
the City Clerk to issue the proper license. The license shall state
that it is not transferrable to other persons or premises and shall
state the period for which it is issued. The license shall be posted
at all times in a conspicuous location in the place of business that
is licensed or where the licensee is working.
C.
If
the application for a license is disapproved, the applicant shall
be immediately notified by registered or certified mail to the applicant's
last known address, and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in the manner provided
by law.
[R.O. 2008 §645.110; Ord. No. 5158 §1, 8-23-1993]
A.
An
application for an adult entertainment business license shall be ineligible
and disqualified if one (1) or more of the following conditions exist:
1.
The applicant's premises is located within one thousand (1,000) feet
of any school, church, City park or licensed child care center. Measurements
shall be made in a straight line, without regard to intervening structures
or objects from the nearest point on the property line of the applicant's
enterprise to the nearest point on the property line of such school,
church, City park or licensed day care center.
2.
The applicant's premises is located within one thousand (1,000) feet
of any other adult entertainment business for which there is a license
issued. Measurements shall be made in a straight line, without regard
to intervening structures or objects, from the nearest point on the
property line of the applicant's enterprise to the nearest point on
the property line of such other adult entertainment business.
3.
The applicant failed to supply all of the information requested in
the application.
4.
The applicant gave materially false, fraudulent or untruthful information
on the application.
5.
The applicant's proposed business premises does not comply with or
meet the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City. However, upon
a subsequent showing that the premises meet said requirements and
that the applicant is otherwise qualified, the application shall be
eligible for reconsideration by the City Council.
6.
The applicant, any partner if the applicant is a partnership, or any officer, director or applicable stockholder if the applicant is a corporation, has been convicted of, released from incarceration for conviction of or diverted from prosecution on any of the crimes or violations set forth in Section 635.090(A)(9) during the time period set forth in said Section.
7.
The applicant, any partner if the applicant is a partnership, or
any officer, director or applicable stockholder if the applicant is
a corporation, has had an adult entertainment license revoked or suspended
in this or any other City or State during the past five (5) years.
B.
An
application for an adult entertainment manager, server or entertainer
license shall be ineligible or disqualified if one (1) or more of
the following conditions exist:
1.
The applicant failed to provide all of the information requested
in the application.
2.
The applicant gave materially false, fraudulent or untruthful information
in the application.
3.
The employer for whom the applicant intends to work does not have
a current adult entertainment license or is ineligible to receive
an adult entertainment business license.
4.
The applicant has been convicted, released from incarceration for conviction of, or diverted from prosecution on any of the crimes or violations set forth in Section 635.090(B)(4) during the time period set forth in said Section.
5.
The applicant has had an adult entertainment manager, server or entertainer
license revoked or suspended in this or any other City or State during
past five (5) years.
[R.O. 2008 §645.120; Ord. No. 5158 §1, 8-23-1993]
In the event of the death of a licensee, any relative of such
deceased licensee, who shall meet the other requirements of this Chapter,
may be permitted to operate the business of the licensee for the remainder
of the period for which a license fee has been paid by the deceased
licensee.
[R.O. 2008 §645.130; Ord. No. 5158 §1, 8-23-1993]
A.
Whenever
proof that a license has been lost or destroyed is furnished by a
licensee, a duplicate in lieu thereof shall be issued by the City
Clerk upon payment of the sum of five dollars ($5.00) by the said
licensee and submission by the latter of an application for a duplicate
license in the form provided wherein true and complete answers must
be given to the following:
[R.O. 2008 §645.140; Ord. No. 5158 §1, 8-23-1993]
A.
The
City Clerk or Director of Public Safety may recommend to the City
Council the suspension, revocation or cancellation of any license
granted under the terms of this Chapter.
B.
The
City Council may consider suspension, revocation or non-renewal whenever
it 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, knowingly allowed or permitted the violation of any of the
provisions of this Chapter.
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.
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.
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.
5.
The owner or operator, or any partner, or any corporate officer, director or applicable stockholder holding an adult entertainment business license has become disqualified from having a license by a conviction or deferral as provided in Section 635.090(A)(9).
6.
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction or deferral as provided in Section 635.090(B)(4).
7.
The licensee, since the issuance of such license, has ceased to be
the person actually engaged in the active control and management of
the licensed establishment.
8.
The operation of a licensed establishment has been discontinued or
abandoned.
9.
Any other occurrence that would render the licensee or licensed premises
ineligible or unsuitable for a license under the provisions of this
Chapter.
C.
Before
it may suspend or revoke a license, the City Council must hold a hearing
to determine whether grounds for suspension or revocation exist. Prior
to the hearing, the City Council must give ten (10) days written notice
to the licensee setting out the reasons for the hearing and alleged
grounds for suspension or revocation and conditions under which that
hearing may be held, which notice shall be personally served upon
the licensee or a copy of which shall be left at the premises covered
by the license or shall be mailed by registered or certified mail
to the licensee at his/her last known address or residence address.
The notice shall set forth the date, place and time of said hearing.
D.
The
City Council shall have the right to examine books, records and papers
of each licensee or applicant for a license or renewal thereof. For
such purpose, the City Council shall have the power to issue subpoenas
over the signature of the City Clerk and all necessary processes to
subpoena witnesses; to compel by subpoena duces tecum issued over
the signature of the City Clerk the production of books, records,
papers and other evidence; and to administer oaths and take testimony.
E.
The
applicant or licensee shall have the full right to be represented
by counsel, to produce witnesses and cross-examine all witnesses who
may appear against him or her at any hearing held hereunder. Subpoenas
shall be issued by the City Clerk for any witness whose presence is
desired at any hearing or proceeding held hereunder. Such subpoena
shall be served and return thereon made in the same manner as provided
by law in civil suits in this State.
Witnesses may also appear voluntarily at such hearings and testify.
Before any witness shall testify in any such hearing or proceeding
he/she shall be sworn by the Mayor to tell the truth and nothing but
the truth.
F.
All
decisions, findings and orders of the City Council adverse to a party
to the proceedings shall be in writing. Parties to the proceedings
shall be notified of the decision of the City Council by certified
mail.
G.
Based
on the evidence produced at the hearing, the Governing Body may take
any of the following actions:
1.
Suspend the license for up to ninety (90) days.
2.
Revoke the license for the remainder of the license year.
3.
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 subsequent
violation does occur, and after a hearing, the violation is determined
to have occurred, the license shall be revoked for the remainder of
the license year.
[R.O. 2008 §645.150; Ord. No. 5158 §1, 8-23-1993]
A.
Each person holding a license under this Chapter and desiring such license renewed, shall file with the City Clerk an application for license renewal between the first (1st) day of May and the fifteenth (15th) day of May each year. Said application shall update and certify in affidavit form all information required pursuant to Section 635.090. A license may be renewed by making application to the City Clerk on application forms provided for that purpose.
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.
C.
If
any affidavit contains information which does not justify such renewal
or if the City Council has other information that the applicant has
not met all the other requirements of this Chapter, the City Council
may refuse to renew such license. In the event of such refusal, the
applicant shall be given a hearing before the City Council in the
same manner as provided herein for revocation or suspension proceedings.
[R.O. 2008 §645.160; Ord. No. 5158 §1, 8-23-1993]
Following the entry of an order by the City Council, 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 Council
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.
