[R.O. 2006 §605.065; Ord. No. 1333 §1, 10-13-2003]
A.
License Required For Adult Business.
2.
It is unlawful for any employee or owner to knowingly perform any
work, service or entertainment related to the operation of an unlicensed
adult business.
3.
The failure to post an adult business license in the required manner
shall be prima facie evidence that an adult business has not obtained
its license. In addition, it shall be prima facie evidence that any
employee or owner who performs any business, service or entertainment
in an adult business in which an adult business license is not posted
as required had knowledge that such business is not licensed.
B.
License Required For Managers And Entertainers. It is unlawful
for any person to:
C.
License, Term, Classification And Fees.
1.
All licenses shall be issued for a specific location and shall be
non-transferable and license fees shall be non-refundable.
2.
All adult business licenses shall be issued only for the one (1)
adult business use listed on the application. Any change in the type
of adult business use shall invalidate the adult business license
and require the licensee to obtain a new license for the change in
use. A separate license is required for each adult use.
3.
The license year for all fees required herein shall be from each
January first (1st) through December thirty-first (31st). The application
for the license shall be accompanied by payment in full of the fee
by certified or cashier's check or money order and no application
shall be considered complete until such fee is paid.
D.
License Applications.
1.
Adult business license. All persons desiring to
secure a license to operate an adult business shall make a verified
application with the City Clerk, which shall be submitted simultaneously
with the application for special use permit. All applications shall
be submitted in the name of the person(s) who owns the adult business.
The applicant shall sign the application. If the applicant is a corporation,
its President shall sign the application. If the applicant is a partnership,
a partner shall sign the application. In all other instances where
the owner is not an individual, where applicable, an authorized representative
of the owner shall sign the application. The City Clerk may require
proof of authorization before accepting an application. All applications
shall be submitted on a form supplied by the City Clerk and shall
require all of 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 tax identification number and registered agent if the owner is
not an individual.
c.
The name of the adult business, a description of the type of adult
business to be performed on the licensed premises, and the name of
the owner of the premises where the adult business will be located.
d.
The names, residence addresses, Social Security numbers and dates
of births of all partners, if the applicant is a partnership or limited
liability partnership; and if the applicant is a corporation or limited
liability company, the same information for all officers and directors
and stockholders and members who own, directly or indirectly, a twenty-five
percent (25%) or more interest in the entity; and if the owner is
another type of entity, the same information for all persons who own,
directly or indirectly, a twenty-five percent (25%) or more interest
in such entity.
e.
A statement from the applicant as to whether the applicant or any
officer, manager, director, stockholder, partner, member or other
person who owns a twenty-five percent (25%) or more interest, directly
or indirectly, in such entity has had an adult business license of
any type revoked or suspended and, if so, the reason for the suspension
or revocation and the business activity subjected to the suspension
or revocation.
f.
A statement from the applicant, each partner, member, stockholder
and other owner and/or each manager, officer and director that each
such person has not been convinced of or released from confinement
for conviction of or diverted from prosecution on:
(1)
Any felony or misdemeanor within, whichever event is later,
two (2) years immediately preceding the application or five (5) years
immediately preceding the application where such felony or misdemeanor
involved sexual offenses, prostitution, indecent exposure, sexual
abuse of a child or pornography or related offenses, or controlled
substances or illegal drugs or narcotics offenses as defined in the
Missouri Statutes or municipal ordinances; or
(2)
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.
g.
On applications requesting a license to operate a bathhouse or body
painting studio, the applicant shall provide for each employee a health
certificate from a duly licensed Missouri physician stating that within
ninety (90) days prior thereto the applicant and all other persons
working on the premises have been examined and found free of any contagious
or communicable disease as defined herein. This shall be a continuing
requirement. For each person who is employed, the above description
health certificate shall be submitted to the City Clerk within forty-eight
(48) hours of the time such person begins employment.
h.
If the applicant is required to be registered with the State, a current
certificate of registration issued by the Missouri Secretary of State.
i.
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 Section regulating adult businesses.
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Failure to provide the information and documentation required
herein shall constitute an incomplete application. The City Clerk
shall notify the applicant whether or not the application is complete
within fifteen (15) working days of the date the application is received
by the City Clerk.
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2.
Manager or entertainer license. All persons desiring
to secure a license to be a manager or entertainer shall make a verified
application with the City Clerk. All applications shall be submitted
in the name of the person proposing to be a manger or entertainer.
All applications shall be submitted on a form supplied by the City
Clerk and shall require all of 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 where the applicant intends
to work as a manager or entertainer.
c.
The statement from the applicant that the applicant has not been
convicted of or released from confinement for conviction of or diverted
from prosecution on:
(1)
Any felony or misdemeanor within, whichever event is later,
two (2) years immediately preceding the application or five (5) years
immediately preceding the application where such felony or misdemeanor
involved sexual offenses, prostitution, indecent exposure, sexual
abuse of a child or pornography and related offenses, or controlled
substances or illegal drugs or narcotics offenses as defined in the
Missouri Statutes or municipal ordinances, or
(2)
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.
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.
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Failure to provide the information required herein shall constitute
an incomplete application. The City Clerk shall notify the applicant
whether or not the application is complete within fifteen (15) working
days of the date the application was received by the City Clerk.
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3.
Application processing. Upon receipt of a completed
application for an adult business, manager or entertainer license,
the City Clerk shall immediately transmit one (1) copy of the application
to the Chief of Police for investigation of the applicant and application.
In addition, the City Clerk shall transmit a copy of the application
to the Building Inspector and the Fire Inspector. The Chief of Police
shall report the results of the investigation to the City Clerk not
later than fifteen (15) working days from the date the application
is forwarded to the Chief of Police. The Building Inspector and the
Fire Inspector shall inspect the structure where the adult business
will be conducted for compliance with the requirements and standards
of the applicable health, zoning, building code, fire and property
maintenance ordinances of the City. The Building Inspector and the
Fire Inspector shall report the results of their investigation to
the City Clerk not later than fifteen (15) working days from the date
the application is forwarded to such party. Upon receipt of the reports
from the Chief of Police, the Building Inspector and the Fire Inspector,
the City Clerk shall schedule the application for consideration by
the Board of Aldermen at the earliest meeting consistent with the
notification requirements established by law, provided the license
application for manager or entertainer license shall be approved or
disapproved within sixty (60) days from the date the completed application
is received by the City Clerk. The applicant shall be notified in
writing of the date when the Board of Aldermen will consider the application
and shall be afforded an opportunity to be heard at that meeting.
E.
Examination Of Application, Issuance Of License, Disapproval.
1.
The Board of Aldermen shall examine any application for an adult
business license or manager or entertainer license and shall approve
the issuance of a license only if the appropriate license fee has
been paid, applicant is qualified and all the applicable requirements
set forth herein are met. No license shall be approved for any person
ineligible pursuant to the provisions herein. All incomplete applications
shall be denied.
2.
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 adult
business license and all manager and entertainer licenses shall state
that it is not transferable to other persons or entities and the calendar
year for which it is issued.
3.
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 the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in the Howell County
District Court in a manner provided by law.
F.
License — Ineligibility And Disqualification. No person
is eligible nor shall a license be issued to:
1.
An applicant for an adult business license if one (1) or more of
the following conditions exist:
a.
A special use permit for the adult business has not been issued or
has been revoked or suspended;
b.
The owner or applicant of any business owned, directly or indirectly,
in whole or in part by applicant or owner is in violation of any ordinance
of the City;
c.
The applicant knowingly failed to supply all of the information requested
on the application;
d.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
e.
The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crime set forth herein during
the time period set forth herein;
f.
The applicant has had an adult business license or comparable license
revoked or suspended in this or any other City during the past five
(5) years; or
g.
If the applicant is applying for a license to operate a bathhouse
or body painting studio and applicant has not produced a health certificate
as required herein for all persons working on the premises.
2.
An applicant for a manager or entertainer license if one (1) or more
of the following conditions exist:
a.
The adult business where the manager or entertainer will perform
services does not have an adult business license;
b.
The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth herein during
the time period set forth herein;
c.
The applicant knowingly failed to provide all of the information
required on the application;
d.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
e.
The applicant has had a manager or entertainer license revoked or
suspended in this or any other City during the past five (5) years;
or
f.
The applicant is applying for a license for a manager or entertainer
in a bathhouse or body painting studio and has not produced a health
certificate as required herein.
G.
Standards Of Conduct. The following standards of conduct
shall be adhered to by all adult businesses, their employees and all
patrons of adult businesses while on or about the premises of the
business.
1.
Identification cards. Any and all managers and entertainers
shall, at all times when working in an adult business, have in their
possession a valid identification card issued by the City bearing
the permit number, the employee's physical description and photograph
of such employee, such identification cards shall be laminated to
prevent alteration.
2.
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted in the premises of any adult entertainment
business.
3.
Exterior observation. The premises of all adult
businesses will be so constructed as to insure that the interior of
the premises is not observable from the exterior of the building.
In addition, all windows will be covered to prevent viewing of the
interior of the building from the outside and all doorways not constructed
with an anteroom or foyer will be covered so as to prevent observation
of the interior of the premises from the exterior of the building.
4.
Exterior display. No adult business will be conducted
in any manner that permits the observation of live performers engaged
in any adult entertainment including, but not limited to, an erotic
depiction or dance or any material or person depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any exterior source by display, decoration, sign, show
window or other opening.
5.
Nudity prohibited. No manager, employee or patron
in an adult business, other than a licensed bathhouse or an entertainer
in a licensed adult business which business does not hold a liquor
license during performance provided such entertainer is a least six
(6) feet from any and all patrons and is on a stage raised at least
eighteen (18) inches above the immediate floor level, shall appear
nude, unclothed, in less than opaque attire or in any fashion that
exposes to view any specified anatomical area.
6.
Certain acts prohibited.
a.
No employee, patron or any other persons shall perform any specified
sexual activities, wear or use any device or covering exposed to view
which simulates any specified anatomical area, use artificial devices
or inanimate objects to perform or depict any of the specified sexual
activities or participate in any act of prostitution as prohibited
by State law or municipal ordinance while on the premises of an adult
business.
b.
No employee, patron or any other person while on the premises on
an adult business shall knowingly touch, fondle or caress any specified
anatomical area of another person or simulate such action or knowingly
permit another person to touch, fondle or caress any specified anatomical
area of such employee, patron or other person or simulate such action,
whether such specified anatomical areas are clothed, unclothed, covered
or exposed.
c.
No employee of an adult business shall be visible from the exterior
of the adult business while such person is nude or unclothed or in
such attire, costume or clothing as to expose to view any specified
anatomical area.
d.
No entertainer shall solicit, demand or receive any payment or gratuity
from any patron or any other person for any act prohibited and no
entertainer shall receive any payment or gratuity from any patron
for any entertainment except as follows:
(1)
While such entertainer is on the stage, a patron may place such
payment or gratuity into a box affixed to the stage; or
(2)
While such entertainer is not on the stage but while on the
premises of an adult business and is clothed so as to not expose to
view any specified anatomical area, a patron may either place such
payment or gratuity into the entertainer's hand or under a leg garter
worn by such entertainer at least four (4) inches below the bottom
of the pubic region.
e.
No owner, manager or other person in charge of the premises of an
adult business shall:
(1)
Permit alcoholic liquor or cereal malt beverages to be unlawfully
brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or illegal drug or narcotic
on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen
(18) to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises as prohibited by State law or municipal
ordinance; or
(5)
Knowingly allow or permit a violation of this Section or any
other City ordinance provision or State law.
7.
Signs required. All adult entertainment businesses
that provide live entertainment shall conspicuously display in the
common area at the principal entrance to the premises a sign, on which
uppercase letters shall be at least two (2) inches high and lowercase
at least one (1) inch high, which shall read as follows:
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THIS ADULT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF WILLOW SPRINGS
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ENTERTAINERS ARE:
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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
said entertainer.
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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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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
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While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand or under the
entertainer's leg garter.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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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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8.
Lighting required. The premises of all adult businesses
shall be equipped with overhead lighting of every place to which customers
are permitted access at an illumination of not less than one (1) foot-candle
as measured at the floor level, and such illumination must be maintained
at all times that any customer or patron is present in or on the premises.
9.
Closed booths or rooms prohibited. The premises
of all adult businesses shall be physically arranged in such manner
that the entire interior portion of any booths, cubicles, rooms or
stalls is visible from a common area of the premises. Visibility shall
not be blocked or obscured by doors, curtains, drapes or any other
obstruction whatsoever.
10.
Ventilation and sanitation requirements. The premises
of all adult businesses shall be kept in a sanitary condition. Except
as otherwise provided herein, separate dressing rooms and rest rooms
for men and women shall at all times be maintained and kept in a sanitary
condition.
11.
Hours of operation. No adult business may be open
or in use between the hours of 2:00 A.M. and 9:00 A.M. on any day
other than a Sunday when the business may not be open between the
hours of 2:00 A.M. and 12:00 Noon.
12.
Facilities necessary. No adult business license
to conduct a bathhouse or body painting studio shall be issued unless
an inspection by the Health Inspector or his/her authorized representative
reveals that the premises on which the applicant intends to conduct
such business complies with each of the following minimum requirements:
a.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given or showers
taken. Floors shall be free from any accumulation of dust, dirt or
refuse. All equipment used in the business operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal
use of patrons shall be clean and freshly laundered. Towels, cloths
and sheets shall not be used for more than one (1) patron. Heavy,
white paper may be substituted for sheets provided that such paper
is changed for every patron. No activity related to an adult business
shall be carried on within any cubicle, room, booth or any area within
any permitted establishment which is fitted with a door capable of
being locked.
b.
Toilet facilities shall be provided in convenient locations. A single
water closet per sex shall be provided for each twenty (20) or more
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for water closets after one (1) water closet
has been provided. Toilets shall be designated as to the sex accommodated
therein.
c.
Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or washbasins shall be provided with soap in a dispenser
and with sanitary towels.
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The Health Inspector shall certify that the proposed business
establishment complies with all of the requirements of this Section
and shall give or send such certification to the City Clerk. Provided
however, that nothing contained herein shall be construed to eliminate
other requirements of Statute or ordinance concerning the maintenance
of premises, not to preclude authorized in Section thereof. The appropriate
City Official may recommend the issuance of a license contingent upon
the compliance with any requirements in this Section.
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H.
License — Posting Or Display.
1.
Every person licensed as an adult business shall post such license
in a conspicuous place and manner on the adult business premises.
2.
Every person holding a manager or entertainer license shall post
his or her license in his or her work area on the adult business premises
so it shall be readily available for inspection by City authorities
responsible for enforcement of this Section.
I.
Manager On Premises.
1.
A manager shall be on duty at all adult businesses at all times the
premises are open for business. The name of the manager on duty shall
be prominently posted during business hours.
2.
It shall be the responsibility of the manager to verify that any
person who provides adult entertainment within the premises possesses
a current and valid entertainer's license and that such licenses are
prominently posted. It shall also be the responsibility of the manager
to insure minors do not enter upon the premises of an adult entertainment
business.
J.
Inspectors And Inspections. All adult 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.
K.
Suspension, Revocation Or Non-Renewal — License. Whenever
the City Clerk has information that:
1.
The owner of an adult business or a holder of a manager or entertainer
license has violated or knowingly allowed or permitted the violation
of any of the provisions of this Section or any other ordinance of
the Code of General Ordinances; or
2.
There have been recurrent violations of provisions of this Section
that have occurred under such circumstances that the owner of an adult
business knew or should have known that such violations were committed;
or
3.
The adult business license or the manager or entertainer license
was knowingly obtained through false statements in the application
for such license or renewal thereof; or
4.
The adult business licensee or the manager or entertainer licensee
knowingly failed to make a complete disclosure of all information
in the application for such license or renewal thereof; or
5.
The owner or any partner, member, manager, stockholder or other person
owning an interest in the adult business or any officer or director
holding an adult business license has become disqualified from having
a license by a conviction as provided herein; or
6.
If the holder of a manager or entertainer license has become disqualified
from having a license by a conviction as provided herein; or
7.
The adult business for which the license of the manager or entertainer
is issued has been suspended or revoked, then the City Clerk shall
make this information known to the Governing Body which, upon five
(5) days' written notice to the person holding the license, shall
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 Governing Body 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 ordinance occur during the period of probation. If a violation
does occur and after a hearing the violations determined to have actually
occurred, the license will be revoked for the remainder of the license
year; or
d.
Terminate the license.
L.
Renewal.
1.
A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on December thirty-first (31st) of each calendar year and renewal
applications for such licenses shall be submitted between December
sixteenth (16th) and December thirty-first (31st).
2.
Upon timely application and review as provided for a new license,
a license issued under the provisions of this Section shall be renewed
by issuance of a new license in the manner provided herein.
3.
If the application for renewal of a license is not made during the
time provided herein, the expiration of such license shall not be
affected and a new application shall be required.
M.
Penalty. It shall be unlawful for any person to violate
any of the provisions of this Section. Upon conviction thereof, such
person shall be fined not less than twenty-five dollars ($25.00) or
more than five hundred dollars ($500.00) or be punished by incarceration
for up to six (6) months, or by both such fine and incarceration.
Each day's violation of or failure, refusal or neglect to comply with
any provision of this Section shall constitute a separate and distinct
offense.
N.
Regulations. The City Clerk shall have the power to promulgate
regulations as may be necessary and feasible for the carrying out
of the duties of his/her office and which are not inconsistent with
the provisions of this Section.
O.
Severability. If any Section, Subsection, subdivision, paragraph,
sentence, clause or phrase in this Section or the application thereof
to any circumstances is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portions of this Section.
