City of Fredericktown, MO
Madison County
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Table of Contents
Table of Contents
[R.O. 2013 § 665.010; Ord. No. 05-20 § 1, 4-11-2005]
A. 
The following definitions shall govern the interpretations of this Chapter:
ADULT
Refers to persons who have attained the age of eighteen (18) years.
ADULT BOOK STORE
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 herein defined or an establishment or section thereof devoted to the sale or display of such material.
ADULT ENTERTAINMENT ESTABLISHMENT
Any establishment or part thereof in which is provided, in pursuance of a trade, business or occupation, including, but not limited to, adult bookstores, adult stores, adult motion picture theaters, adult mini motion picture theaters or establishments providing live dancers or models, having as a material portion of its business the offering of entertainment, stock in trade or materials, scenes or other presentations characterized by emphasis on depiction or descriptions of "specified sexual activities" or "specified anatomical areas" as herein defined.
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting or showing, for money consideration, movie or video films or picture video cassettes, television, CD-ROM, DVD, Internet or any other such visual media or other material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as herein defined for observation by patrons therein.
ADULT STORE
A business which has devoted more than ten percent (10%) of its floor area or stock-in-trade to the sale, rental or any form of consideration of any one (1) or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, video tapes, CD-ROMs, DVDs, Internet or other visual representations which depict or describe specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which depict specific anatomical areas or are designed for use in connection with specific sexual activity.
EMPLOYEE
Any clerk, entertainer, server, manager, cashier, bartender or other persons hired by owners or their agents to perform services at an adult entertainment establishment during business hours.
MANAGER
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.
NUDITY
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, even if completely and opaquely covered.
SPECIFIED ANATOMICAL AREAS
Those areas of the human body specified in the definition of "nudity" above.
1. 
Human genitals in a state of sexual stimulation or arousal;
2. 
Acts of human masturbation, sexual intercourse or sodomy; or
3. 
Fondling or other erotic touching of the human genitals, pubic region, buttock or the female breast.
[R.O. 2013 § 665.020; Ord. No. 05-20 § 1, 4-11-2005]
A. 
The following standards of conduct shall apply to this category of business license.
1. 
Certain Acts Prohibited.
a. 
No employee, server or entertainer of an adult business shall perform any specified sexual activities, wear or use any device or covering exposed to view which stimulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein or participate in any act of prostitution.
b. 
No employee, server, entertainer or patron of an adult business shall knowingly touch, fondle or caress any specified anatomical area of another person or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
2. 
Operators. No owner, operator, manager or other person in charge of an adult business shall:
a. 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, unless a separate liquor license has been issued for the business; or
b. 
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises; or
c. 
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises; or
d. 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
e. 
Knowingly allow or permit a violation of any local, State or Federal law on the premises.
[R.O. 2013 § 665.030; Ord. No. 05-20 § 1, 4-11-2005]
A. 
Age Restriction. Only adults as herein defined shall be permitted on the premises of any adult entertainment establishment as herein defined.
B. 
Exterior Display. No establishment, including an adult entertainment establishment, shall be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
C. 
Live Nudity Prohibited. No person shall be permitted to appear live in any establishment, including an adult entertainment establishment, in a state of nudity as defined in this Chapter.
D. 
Protective Barrier Required. Any establishment, including an adult entertainment establishment, engaging in the display or performance of live models or dancers in an erotic manner shall not permit patrons within ten (10) feet of the performance and shall in addition erect a barrier from floor to ceiling of sufficient strength to prevent patrons from entering the performance area or touching the performers in any manner. No establishment including an adult entertainment establishment shall permit a live erotic performance in an area not isolated by the barrier described above.
E. 
Erotic Touching Prohibited. No person in an adult entertainment establishment shall be permitted to place his or her hand or hands upon, touch with any part of his or her body, fondle in any manner or massage the breast, buttocks, genitals or pubic area of any other person, whether or not such sexual or genital part of such other person is covered or clothed and whether such person is employed by the establishment or is a patron thereof.
F. 
Tipping Prohibited. No person in an adult entertainment establishment shall be permitted to tip any entertainer, performer, dancer or model.
G. 
Signs Required. All adult entertainment establishments providing live dancers or models shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which upper-case letters shall be at least two (2) inches high and lower case letters at least one (1) inch high, which shall read as follows:
"THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED AND LICENSED BY THE CITY OF FREDERICKTOWN, MISSOURI
ENTERTAINERS ARE:
1.
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of such entertainer.
2.
Not permitted to be nude, unclothed or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks and/or genitals.
3.
Not permitted to demand or collect any payment or gratuity from any customer for entertainment.
CUSTOMERS ARE:
1.
Not permitted to be upon the stage at any time.
2.
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
3.
Not permitted to offer or pay any gratuity or tip to any entertainer, performer, dancer or model."
H. 
Hours Of Operation. No adult entertainment establishment may be open or in use between the hours of 1:00 A.M. and 9:00 A.M. on any day other than Sunday, when the business may not be open between the hours of 1:00 A.M. and 12:00 Noon.
I. 
Manager On Premises. A manager shall be on duty at any adult entertainment establishment at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours. The manager shall have the following duties:
1. 
To verify that all employees possess a current and valid adult entertainment employee license.
2. 
To insure that persons under the age of twenty-one (21) years do not enter upon the premises.
J. 
Closed Booth Or Room Prohibited. The interior of all adult entertainment businesses shall be physically arranged in a manner that the entire interior portions of any booths, cubicles, rooms or stalls are visible from the common area. Only restrooms, dressing rooms, office and storage rooms may be enclosed. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction.
K. 
Ventilation And Sanitation Requirements. Buildings where adult businesses are located shall be kept in a safe, sanitary condition. Separate dressing rooms and restrooms for men and women shall be provided and maintained in a sanitary condition in accordance with all local, State and Federal requirements.
L. 
Hours Of Operation. No adult entertainment business may be open or in use between the hours of 1:30 A.M. and 9:00 A.M. On Sunday, the business may not be open between the hours of 1:30 A.M. and 12:00 Noon.
M. 
Lighting Required. The building and exterior of all adult businesses shall equipped with adequate lighting to illuminate every place in which customers are permitted access at any time the building is occupied by customers.
N. 
Operator On Premises. A licensed adult entertainment establishment/entertainment operator shall be on duty at any adult entertainment business at all times the business is open. The name of the manager shall be conspicuously posted at the business. It shall be the responsibility of the operator 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 conspicuously posted.
[R.O. 2013 § 665.040; Ord. No. 05-20 § 1, 4-11-2005]
Any person who violates any provision of this Chapter shall, upon conviction, be punished in accordance with the provisions of Section 100.220 of the Code of Ordinances of the City of Fredericktown, Missouri.
[R.O. 2013 § 665.050; Ord. No. 05-20 § 1, 4-11-2005]
A. 
The special provisions of this Chapter are intended to regulate the location of adult entertainment establishments as herein defined by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this Chapter shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein.
B. 
Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any industrial area.
C. 
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property and are made with full consideration of the legal and constitutional issues heretofore adjudicated.
D. 
The provisions of this Chapter shall govern the location and spatial separation of adult entertainment establishments in industrial districts and no such regulated use, as defined, may be permitted except in conformance with these provisions.
[R.O. 2013 § 665.060; Ord. No. 05-20 § 1, 4-11-2005]
A. 
Adult entertainment establishments, including, but not limited to, adult bookstores, adult motion picture theaters, adult mini motion picture theaters and establishments providing live dancers or models, as herein defined, are hereby declared to be regulated uses according to this Chapter and their location and spatial separation shall be governed by rules as follows:
1. 
Adult entertainment establishments may be located upon any industrially zoned property, but not within one thousand two hundred (1,200) feet of any residentially zoned property;
2. 
No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or of any business licensed to sell or serve alcoholic beverages as defined by the Code of Ordinances of Fredericktown, Missouri, whether or not the business is also an adult entertainment establishment as defined herein; and
3. 
No adult entertainment 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.
[R.O. 2013 § 665.070; Ord. No. 05-20 § 1, 4-11-2005]
A. 
The distance between any two (2) adult entertainment 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 closed exterior structural wall of each business.
B. 
The distance between any adult entertainment 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.
[R.O. 2013 § 665.080; Ord. No. 05-20 § 1, 4-11-2005]
A. 
Areas To Be Open To View. The premises of any building used as an adult motion picture theater or an adult mini motion picture theater shall be constructed, located and maintained so that the entire interior portions of any booths, cubicles, rooms or stalls are visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
B. 
Lighting Required. The premises of such theaters shall be so lighted at all times with illumination of not less than one (1) footcandle as measured at the floor level.
C. 
Occupancy By More Than One (1) Person Prohibited. No cubicle, room or booth used for the purpose of private viewing of movies or video films or pictures of specified sexual activity or of specified anatomical areas shall be occupied at any time by more than one (1) person.
[R.O. 2013 § 665.090; Ord. No. 05-20 § 1, 4-11-2005]
A. 
The owner or operator of any adult motion picture theater or adult mini motion picture theater shall cause to be posted in a conspicuous place at the entrance to each room, booth or cubicle used for the purpose of private viewing in such theater a legible written notice of the provisions of this Chapter prohibiting more than one (1) person from occupying such room, booth or cubicle at any one (1) time and, in addition, stating that sexual activity, homosexual activity or any deviant sexual intercourse is prohibited in such theater.
B. 
No owner or operator of any adult motion picture theater or adult mini motion picture theater, nor any person employed by such owner or operator in such theater, shall knowingly allow or permit any person to solicit for or engage in any form of sexual behavior on the premises of such theater.
[R.O. 2013 § 665.100; Ord. No. 05-20 § 1, 4-11-2005]
No person, firm, partnership, association or corporation shall operate an adult entertainment establishment, as herein defined, without first having obtained a permit pursuant to Sections 645.100 through 645.160 of the Code of Ordinances. A separate permit shall be required for each and every separate place of business conducted by any one (1) permittee. Such permit shall be valid only from July 1 to June 30 of the following year.
[R.O. 2013 § 665.110; Ord. No. 05-20 § 1, 4-11-2005]
No person shall be employed as an employee of any kind in an adult entertainment establishment, as herein defined, unless he or she has a valid employee's permit issued by the City pursuant to the provisions of this Chapter.
[R.O. 2013 § 665.120; Ord. No. 05-20 § 1, 4-11-2005]
A. 
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 of one thousand dollars ($1,000.00) which shall not be refundable or prorated and which shall be in addition to any other applicable tax, license or fee.
B. 
The applicant for a permit to operate an adult entertainment 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 or she is an adult as defined herein. Each such person shall further provide a statement:
1. 
Whether he or 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.
2. 
That he or she has not been convicted of a felony criminal act within five (5) years prior to the application.
3. 
That he or 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.
C. 
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 Chapter regulating adult entertainment establishments.
[R.O. 2013 § 665.130; Ord. No. 05-20 § 1, 4-11-2005]
Each person designated as a adult entertainment establishment/entertainment operator as provided herein shall file a written application with the City Clerk and pay an annual fee of five hundred dollars ($500.00) which shall not be refundable or prorated and which shall be in addition to any applicable tax, license or fee. The application shall contain the information required in Section 645.120(B) of the Code of Ordinance of the City of Fredericktown.
[R.O. 2013 § 665.140; Ord. No. 05-20 § 1, 4-11-2005]
A. 
Any person employed by an adult entertainment establishment shall file a written application with the City Clerk and pay an annual fee to the City Clerk of two hundred fifty dollars ($250.00) which shall not be refundable or prorated and which shall be in addition to any other applicable tax, license or fee.
B. 
The application for any employee permit shall contain the full name, age, sex, telephone number and present address of the applicant and written proof that he or she is an adult as defined herein. Each such person shall further provide a statement:
1. 
Whether he or she has previously been employed by an adult entertainment establishment in this or another City, County or State and, if so, where and whether any employee license has been revoked or suspended including the reason(s) therefore.
2. 
That he or she has not been convicted of a felony criminal act within five (5) years prior to the application.
3. 
That he or 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.
C. 
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 Chapter regulating adult entertainment establishments.
[R.O. 2013 § 665.150; Ord. No. 05-20 § 1, 4-11-2005]
Permitted employees shall be issued an identification card by the City Clerk which shall be in the possession of the employee at all times when working in an establishment subject to the provision of this Chapter. No person shall alter an identification card.
[R.O. 2013 § 665.160; Ord. No. 05-20 § 1, 4-11-2005]
After the filing of an application in proper form for a business permit or an employee permit, the City Clerk shall issue such permit within twenty-one (21) days following the application, unless the City Clerk finds that the applicant has knowingly made any false, misleading or fraudulent statement of fact in the application, has failed or refused to pay the required fee or has failed or refused to comply with any of the provisions of this Chapter.
[R.O. 2013 § 665.170; Ord. No. 05-20 § 1, 4-11-2005]
Any duly authorized officer of the City including, without limitation, employees of the Police, Health and Public Works Departments, may from time to time make an inspection of each adult entertainment establishment for the purpose of determining that the provisions of this Chapter are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
[R.O. 2013 § 665.180; Ord. No. 05-20 § 1, 4-11-2005]
A business permittee shall have the premises supervised at all times when open for business. The permittee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.
[R.O. 2013 § 665.190; Ord. No. 05-20 § 1, 4-11-2005]
All business permittees under the provisions of this Chapter shall keep and maintain on their premises a current register of all their employees showing such employee's name, address, age, sex, duties and permit number. Such register shall be open to inspection at all reasonable times by any duly authorized officer of the City.
[R.O. 2013 § 665.200; Ord. No. 05-20 § 1, 4-11-2005]
A. 
Business and employee permits are not transferable and such authority as a permit confers shall be conferred only to the permittee named therein.
B. 
Any application made, fees paid and permits obtained under the provision of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.
[R.O. 2013 § 665.210; Ord. No. 05-20 § 1, 4-11-2005]
A. 
Adult business licenses, adult entertainment licenses, adult business/entertainment operator license or adult entertainer/server licenses shall not be issued for:
1. 
Businesses in conflict with Chapter 405, Zoning Regulations, the Building Code[1] or any other requirements of the City.
[1]
Editor's Note: See Title V, Building Code.
2. 
An applicant which has had an adult entertainment license revoked or suspended in this City or any other City during the past five (5) years.
3. 
An adult business operator license when intended to be used for operating unlicensed adult entertainment or adult business.
4. 
Any applicant that has 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.
5. 
Any applicant providing false statements, fraudulent or untruthful information on the application.