[R.O. 2013 § 665.010; Ord. No.
05-20 § 1, 4-11-2005]
A.
ADULT
ADULT BOOK STORE
ADULT ENTERTAINMENT ESTABLISHMENT
ADULT MOTION PICTURE THEATER
ADULT STORE
EMPLOYEE
MANAGER
NUDITY
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
The following definitions shall govern the interpretations
of this Chapter:
Refers to persons who have attained the age of eighteen (18)
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 herein defined or an establishment or section thereof devoted
to the sale or display of such material.
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.
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.
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.
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.
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, even if completely and
opaquely covered.
Those areas of the human body specified in the definition
of "nudity" above.
[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:
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"THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED AND LICENSED
BY THE CITY OF FREDERICKTOWN, MISSOURI
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ENTERTAINERS ARE:
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1.
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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.
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2.
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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.
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3.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment.
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CUSTOMERS ARE:
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1.
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Not permitted to be upon the stage at any time.
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2.
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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.
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3.
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Not permitted to offer or pay any gratuity or tip to any entertainer,
performer, dancer or model."
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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:
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:
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.
