[R.O. 2013 §17-152; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
The following definitions shall apply to this Chapter, the terms
set out in italics are further defined below:
Any business enterprise:
That has as a primary business purpose the sale, display or
rental of goods that are designed for use in connection with specified
sexual activities or that emphasize matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas; or
That has one (1) of the following as a primary business purpose:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
The providing of non-medical services related to specified
sexual activities or specified anatomical areas.
The definition of adult business also includes, but is not
limited to, any and all of the following as defined herein:
Any of the following businesses offering goods for sale or
rent:
ADULT RETAIL ESTABLISHMENTS An establishment which as a primary business purpose offers for sale or rent any one (1) or more of the following: instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore defined herein.
ADULT BOOKSTORE An establishment which as a primary business purpose offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films, videotapes or any form of visual representation which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MEDIA OUTLET An establishment that has a primary business purpose the rental, sale or offering for viewing off the premises or other use of any adult media.
ADULT NEWSRACK Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT NEWSSTAND A freestanding structure, vehicle or booth which as a primary business purpose offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Any of the above following businesses providing entertainment:
ADULT ENTERTAINMENT BUSINESS Any enterprise providing adult entertainment to which the public, patrons or members are invited or admitted.
ADULT MOTION PICTURE THEATER An establishment containing a room with seats facing a screen or projection areas, where the business is the exhibition to customers of films, videotapes, slides or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT THEATER An establishment located in an enclosed building where the business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas or live performers for observation by customers and patrons.
ADULT ENTERTAINMENT CABARET An establishment in which the business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers, or live performances; or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT STUDIO (Includes the terms rap studio, exotic dance studio, sensitivity studio or encounter studio) an establishment whose premises is physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and in which the business is providing entertainment which features materials or live performances characterized by an emphasis on or relating to specified sexual activities or the exhibition of specified anatomical areas.
ADULT ENCOUNTER PARLOR An establishment in which the business is the provision of premises where customers congregate, associate, or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.
BODY PAINTING STUDIO An establishment in which the business is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displayed for the customers' view of specified anatomical areas.
ADULT ARCADE An establishment, or that part of an establishment, which regularly features or otherwise offers to customers, in a viewing area which is designed for occupancy by no more than one (1) person, any live, filmed or videotaped exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear in such attire, costume or clothing so as to expose to view specified anatomical areas.
NUDE MODELING AGENCY An establishment in the business of offering for compensation the viewing of the human body when the subject's body is displayed for the customers' view of specified anatomical areas.
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The above definitions that reference the use of films, slides,
videotapes, or motion pictures are intended to include any and all
technological advancements in the projection of images of specified
anatomical areas or specified sexual activities to include, but not
limited to, video disks, lasers, and computer generated images.
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Any of the following businesses that provide services:
BATHHOUSE An enterprise in which the business is offering baths with other persons present who are nude or displaying specified anatomical areas.
ADULT MOTEL An enterprise in which the business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, or rents or subrents room accommodations for less than six (6) hours at a time.
Any live exhibition, performance or dance characterized by
the exposure of any specified anatomical areas even if covered by
translucent clothing, or by specified sexual activities, or by appearance
of persons in attire, costume or clothing so as to emphasize or expose,
even through opaque clothing, the view to specified anatomical areas.
Any person who:
Is allowed to enter an adult business in return for the payment
of an admission fee or any other form of consideration or gratuity;
or
Enters an adult business and purchases, rents or otherwise partakes
of any merchandise, goods, entertainment or other services offered
therein; or
Is a member of or is on the premises of an adult business operating
as a private club.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at, or render any services
whatsoever directly related to the operation of an adult business.
Any person who provides adult entertainment within an adult
business as defined in this Section, whether or not a fee is charged
or accepted for entertainment.
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult business.
Any person owning, operating, conducting or maintaining an
adult business.
Any area generally visible to public view including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
Any person who serves food or drink at an adult business.
Less than completely and opaquely covered:
Actual or simulated acts of masturbation, sexual intercourse,
physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks, or the breast of a female in an act of actual
or apparent sexual stimulation or gratification, any actual or simulated
acts of sadomasochistic abuse, or the use of animals or inanimate
objects in acts of actual or apparent sexual stimulation or gratification,
as such terms are defined in the pornography and related offenses
Chapter of the Missouri Criminal Code.
[R.O. 2013 §17-153; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
It shall be unlawful for any entertainer or employee to fondle,
caress, or touch any customer or other entertainer or employee in
any manner in or on a specified anatomical area or for any customer
to fondle, caress, or touch any entertainer or employee or other customer
in any manner in or on a specified anatomical area, whether such specified
anatomical areas are clothed, unclothed, covered or exposed.
B.
It shall be unlawful for any entertainer to perform at a distance
of less than ten (10) feet from customers or to touch any customer
while performing.
C.
It shall be unlawful for any entertainer to perform on a stage that
is not raised at least two (2) feet above the area on which the customer
or customers sit or stand.
D.
It shall be unlawful for any customer to tip, pay, give a gratuity
or other thing of value to any entertainer or to someone else in his
or her behalf, and it shall be unlawful for any entertainer to solicit
or accept from a customer in any manner any tip, payment, gratuity
or other thing of value either directly or indirectly.
E.
It shall be unlawful for an entertainer or employee to perform any
specified sexual activities as defined herein, wear or use any device
or covering exposed to view which simulates any specified anatomical
area, use artificial devices, animals or inanimate objects to perform
or depict any of the specified sexual activities as defined herein,
or participate in any act of prostitution.
F.
It shall be unlawful for an entertainer or employee to be visible
from the exterior of the adult business while such person is unclothed
or in such attire, costume or clothing as to expose to view any specified
anatomical area.
G.
It shall be unlawful to operate an adult business 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.
[R.O. 2013 §17-154; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
It shall be unlawful for any person to operate or maintain an adult
business within the City until the owner of such business has applied
to the office of the City Clerk for a license to operate such business
and such license has been duly approved by the City Council, or to
operate such establishment after such license has been revoked or
suspended by the City, or has expired as set forth in this Chapter.
B.
It shall be unlawful for any adult business to allow a manager to
work at or an entertainer to perform on premises within the City until
such manager or entertainer has applied to the office of the City
Clerk for a license and such license has been duly issued by the City
Clerk, or to work at such business after such license has been revoked
or suspended by the City, or has expired as set forth in this Chapter.
C.
No licensed entertainer shall perform in any adult business which
does not have a valid license as required by this Chapter.
D.
Every owner, operator, manager, entertainer or other employee required
to be licensed by this Chapter shall post such license in a conspicuous
place on the licensed premises so it is readily available for inspection
by City authorities responsible for enforcement of this Chapter yet
is not viewable from the public areas of the business.
[R.O. 2013 §17-155; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
An application for license for the operation of an adult business
in the City shall be obtained from the City Clerk.
B.
Each such application shall be submitted in the name of the person
proposing to conduct or operate the adult business and shall be notarized.
All applications shall contain the following information:
1.
The business name, address and telephone number of the establishment,
a description of the adult business to be performed on the premises,
and the name or names of the owner of the premises where the adult
business will be located.
2.
The name, residence address, home telephone number, occupation,
date and place of birth and Social Security number of the applicant.
3.
The names, residence addresses, Social Security numbers and
dates of births of all partners, if the applicant is a partnership;
and if the applicant is a corporation or a limited liability company,
the same information for all corporate officers, directors and stockholders,
and all limited liability company managers and members.
4.
The addresses of the applicant, or of all partners, or of all
corporate officers and directors, or of all limited company managers
or members for the five (5) years immediately prior to the date of
the application.
5.
A description of the adult business or similar business history
of the applicant, or of all partners, or of all corporate officers
and directors, or of all limited liability company managers and members,
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 reason therefor, and the activity or occupation
subjected to such action, suspension or revocation.
6.
A statement of each and every business, occupation or employment
of the applicant, or of all partners, or of all corporate officers
and directors, or of all limited liability company managers and members
for the three (3) years immediately preceding the date of the application.
7.
A statement from the applicant, or from each partner, or from
each corporate officer and director, or from each limited liability
company manager and member that each such person 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; or
b.
A misdemeanor criminal act within five (5) years immediately
preceding the application, where such misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code or the criminal code of the jurisdiction in which the
offense was charged, or involved controlled substances or illegal
drugs or narcotic offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
The statement shall also indicate that no applicant, partner
or corporate officer or director 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 the sale of controlled substances
or illegal drugs or narcotics.
8.
On applications requesting a license to operate a bathhouse
or body painting studio, the applicant shall provide for each person
working on the premises 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.
9.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
10.
A statement signed under oath that the applicant has personal
knowledge of the information contained within the application and
that the information contained therein is true and correct and that
the applicant has read the provisions of this Chapter.
C.
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Council shall, within forty-five (45) days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the City Council. If the application meets all the requirements as set forth in this Chapter, the City Council may issue a license for operation of the adult business. Such license shall be issued until August thirty-first (31st) of the year in which such license is issued, or August thirty-first (31st) of the next year, if the license is issued after September first (1st) but prior to January first (1st). All licenses issued under this Chapter are subject to the fee schedule in Section 605.130 of the Code of Ordinances and must be renewed annually in the same manner as provided above.
[R.O. 2013 §17-156; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
Licenses issued under this Chapter shall not be transferable, either
to any person, persons or other entities.
B.
Any license issued under this Chapter may be suspended by the City
Clerk and subject to possible revocation by the City Council upon
a showing in any Municipal or Circuit Court of probable cause leading
to formal charges against the applicant, manager, operator, owner
or part owner of the business so licensed for any misdemeanor or felony
offense. The suspension shall be lifted upon dismissal of such charges,
acquittal in a court of law, or, in the case of a manager, upon the
installation of a new manager.
C.
Any license issued under this Chapter may be revoked by the City
Council upon a showing:
1.
Of violations of the standards of this Chapter; or
2.
That such license was obtained through false statements in
the application of such license or renewal thereof; or
4.
That the licensee failed to make a complete disclosure of all
information in the application for such license or renewal thereof.
[R.O. 2013 §17-157; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
No adult business shall be located or situated at less distance
than one thousand five hundred (1,500) feet from any property occupied
by a public or private school, day care center, church or place of
worship, hospital, public park or any property used for residential
purposes. This distance shall be measured by a straight line from
the nearest point on the property boundary of the tract occupied by
the adult business to the nearest point on the property boundary of
the tract occupied by one (1) of the aforementioned uses.
B.
No adult business shall be located or situated at less distance
than one thousand five hundred (1,500) feet from another adult business.
This distance shall be measured by a straight line from the nearest
points on the property boundaries of the tracts occupied by the adult
business.
[R.O. 2013 §17-158; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
Owners or operators of an adult business shall maintain business
records that include the names, addresses and ages of all entertainers
and employees for a period of two (2) years. Said list or lists shall
be made available to the City Police Department upon request at any
time.
[R.O. 2013 §17-159; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
An application for an adult business manager or entertainer license
for work at an adult business in the City shall be obtained from the
City Clerk.
B.
Each such application shall be submitted in the name of the person
proposing to be an adult business manager or entertainer and shall
be notarized. All applications shall contain the following information:
1.
The name, residence address, home telephone number, occupation,
date and place of birth and Social Security number of the applicant.
2.
The business name, address and telephone number of the business
where the applicant intends to work.
3.
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; or
b.
A misdemeanor criminal act within five (5) years immediately
preceding the application, where such misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or the criminal code of the jurisdiction in which the
offense was charged, or involved controlled substances or illegal
drugs or narcotic offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
The statement shall also indicate that the applicant has not
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 the sale of controlled substances or illegal drugs or narcotics.
4.
Documentation that the applicant has attained the age of eighteen
(18) years at the time the application is submitted.
5.
A statement signed under oath that the applicant has personal
knowledge of the information contained within the application and
that the information contained therein is true and correct and that
the applicant has read the provisions of this Chapter.
C.
Upon submission of each application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Clerk shall issue the license for the adult business manager or entertainer. Such license shall be issued until August thirty-first (31st) of the year in which such license is issued or August thirty-first (31st) of the next year, if the license is issued after September first (1st) but prior to January first (1st). All licenses issued under this Chapter are subject to the fee schedule in Section 605.130 of this Code, and must be renewed annually in the same manner as provided above.
[R.O. 2013 §17-160; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
A.
A licensed adult business manager shall be on duty at any adult
business at all times during which the premises is open for business.
The name and license number of the manager on duty shall be prominently
posted during business hours.
B.
It shall be the responsibility of the manager on duty to verify
that any person who provides adult entertainment within the premises
possesses a current and valid adult entertainer's license issued
by the City.
[R.O. 2013 §17-161; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998; Ord. No. 4.48 (Bill No. 1664) §§1
— 2, 4-2-1998]
A.
No adult business may be open or in use between the hours of 1:30
A.M. and 10:00 A.M.
B.
Only persons eighteen (18) years of age or older shall be permitted
on the premises of any adult business.
C.
The premises of all adult businesses shall be physically arranged
in such a manner that the manager has a specific office area and that
an unobstructed view of the entire premises including the entire interior
portions of any booths, cubicles, rooms or stalls is maintained from
the manager's office area. Visibility shall not be blocked or
obscured by doors, curtain, drapes or any other obstruction whatsoever.
Occupancy of all booths, cubicles, rooms or stalls shall be limited
to not more than one (1) person.
D.
All adult businesses shall have conspicuously displayed in the common
area at the principal entrance to the premises a sign, of which uppercase
letters shall be at least two (2) inches high and lowercase letters
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
ARNOLD, MISSOURI
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or to
fondle, caress, or touch any employee, customer or other entertainer
in any manner in or on the genitals, pubic region, buttock or female
breasts, or to permit any employee, customer or other entertainer
to fondle, caress, or touch in any manner the genitals, pubic region,
buttock or female breasts of said entertainer.
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Not permitted to solicit or receive from a customer in any manner
any tip, payment, gratuity or other thing of value either directly
or indirectly.
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CUSTOMERS ARE:
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Not permitted to fondle, caress, or touch any entertainer, employee
or other customer in any manner in or on the genitals, pubic region,
buttock or female breasts.
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E.
Separate dressing rooms for men and women shall be maintained on
the premises.
[R.O. 2013 §17-162; Ord. No. 4.48 (Bill No. 1653) §1, 2-19-1998]
Any adult business licensed under this Chapter shall comply
with all other requirements of the codes of the City of Arnold as
now or in the future may be adopted.
