[R.O. 1994 §630.010; Ord. No. 209, 6-12-2000]
It shall be unlawful for any retail licensee licensed to sell intoxicating liquor, wine or beer, or his/her employee to permit in or upon his/her licensed premises:
The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
The displaying of any portion of the areola of the female breast;
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
The actual or simulated displaying of the pubic hair, anus, vulva or genitals;
Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus; and
The displaying of films, video programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by any other law.
In addition to the licensee and/or his/her employee being subject to all penalties contained in all Sections of the City Code, violation of any act or any provision contained herein shall be grounds for the license of the licensee to be suspended or revoked.
[R.O. 1994 §630.020; Ord. No. 209, 6-12-2000]
A person who knowingly or intentionally, in a public place to include, but not be limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, bookstores and places of public accommodation where one (1) or more other persons is present:
"Nudity" means 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 of any part of the nipple or areola, or the showing of the covered male genitals in a discernible turgid state.
[R.O. 1994 §630.030; Ord. No. 209, 6-12-2000]
Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:
- EROTIC DANCE
- Any dance performed by an erotic dancer in an erotic dance establishment which emphasizes or seeks to arouse or excite a patron's sexual desires.
- EROTIC DANCE ESTABLISHMENT
- A fixed place of business which, as a portion or all of its business, emphasizes activities or seeks, through one (1) or more dancers, to arouse or excite the patrons' sexual desires or sexual fantasies whether or not alcoholic beverages, beer, intoxicating liquor or other non-intoxicating beverages are sold or consumed on the premises.
- EROTIC DANCER
- Any male or female who performs in an erotic dance establishment who is not fully clothed or is wearing clothing designed to accentuate the body in a manner which would tend to sexually arouse another person.
- A customer of an establishment where erotic dancing occurs while on the premises.
It shall be unlawful for any erotic dancer to fondle, caress or touch any patron in any manner which could cause any degree of sexual arousal or excitement to either person, or for any patron to fondle, caress or touch any dancer in any manner which could cause any degree of sexual arousal or excitement to either person.
It shall be unlawful for any erotic dancer to dance at a distance of less than ten (10) feet from any patron or to touch any patron while dancing.
It shall be unlawful for any erotic dancer to dance on a stage that is not raised at least two (2) feet above the area on which the patron or patrons sit or stand.
It shall be unlawful for any patron to tip, pay, give a gratuity or other thing of value to any erotic dancer or to someone else in his/her behalf, and it shall be unlawful for any erotic dancer to receive from a patron in any manner any tip, pay, gratuity or other thing of value either directly or indirectly. It shall also be unlawful for any erotic dancer to solicit any pay, tip, gratuity or other thing of value from any patron.
Licensing And Business Records.
It shall be unlawful for any establishment in which erotic dancing occurs to allow erotic dancing to occur on premises without an erotic dance establishment license.
A prospective licensee shall provide the Police Department of the City of Jonesburg with his/her name, address, phone number, principal occupation and similar information for all partners or stockholders in the venture, as well as a description of the proposed establishment, the nature of the proposed business and the magnitude thereof. Upon providing this information, a license to allow erotic dancing within the establishment will be issued within two (2) business days.
Owners or operators of an establishment with an erotic dance license shall maintain business records that include the names and address and ages of all persons employed as dancers or contracted to perform dances for a period of two (2) years. Said list or lists shall be made available to the City of Jonesburg Police Department upon request at any time. No later than March 1 of each year, an erotic dance establishment licensee shall file a verified report with the City Clerk showing the licensee's gross receipts and the amounts paid to each of the dancers, identifying each by name and amount, for the preceding calendar year.
It shall be unlawful for any erotic dancer to dance at an erotic dance establishment within the City limits of the City of Jonesburg, Missouri, without first securing a license to do so from the City of Jonesburg. A dancer applying for a license shall provide the City with his/her name, address, phone number, birth date, aliases (past and present) and the business name or names and address or addresses where the dancer intends to dance. The license shall be obtained from the Jonesburg Police Department and shall be issued upon application or at least within twenty-four (24) hours thereafter.
If any Section, Subsection or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining Sections, Subsections and clauses shall not be affected thereby.
Any person who violates any provision of this Chapter shall be subject to the general penalty provision of the Jonesburg Code of Ordinances.
[R.O. 1994 §630.040; Ord. No. 209, 6-12-2000]
Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and impacts 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 commercial and 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 commercial or industrial area.
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as having serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious effect upon adjacent areas and could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse affect of such uses will not contribute to the blighting of surrounding neighborhoods whether residential or non-residential by location or concentration and to ensure the stability of such neighborhoods.
[R.O. 1994 §630.050; Ord. No. 209, 6-12-2000]
For the purposes of this Chapter the following terms shall be deemed to have the meanings indicated below:
- ADULT BOOKSTORE
- An establishment having as a ten-percent portion of its stock-in-trade, books, photographs, magazines, films for sale or viewing by use of motion-picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified activities as said term is defined herein.
- ADULT ENTERTAINMENT ESTABLISHMENTS
- Any of the establishments, businesses, buildings, structures or facilities defined in this Section.
- ADULT ENTERTAINMENT FACILITY
- Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either:
- 1. Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
- 2. Observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering, or to observe specified sexual activities as said term is defined herein.
- An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
- MASSAGE SHOP
- An establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some person on his/her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
- MODELING STUDIO
- An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.
[R.O. 1994 §630.060; Ord. No. 209, 6-12-2000]
[R.O. 1994 §630.070; Ord. No. 209, 6-12-2000]
No adult bookstore, adult entertainment facility, bathhouse, massage shop or modeling studio shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school or public park or any property zoned for residential use. Such distance shall be measured in a straight line without regard to intervening properties 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.
No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment use or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this Section. The distance between any two (2) adult entertainment establishments or between an 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 closest exterior structural wall of each business.
All access to and from the adult entertainment establishment shall be provided from a street classified as a thoroughfare.
The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.
The property on which the use is located shall be screened by solid masonry wall at least six (6) feet in height along all interior property lines.
The facility on which the use is located and the parking for such facility shall have a front yard setback of twenty (20) feet, a side yard setback of ten (10) feet and a rear yard setback of ten (10) feet.
Off-street parking shall be provided at a ratio of one (1) parking space per seventy-five (75) square feet of interior floor area. All off-street parking requirements shall conform to the special conditions of this Chapter.
All landscaping and screening requirements of this Section of this Chapter shall be observed.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per one (1) foot of wall length, not to exceed a total of fifty (50) square feet. Said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leaves the impression or movement shall be permitted.
Lighting in the parking area must provide a minimum light level of twenty-five hundredths (0.25) footcandles over the entire parking area, but at no point shall the light level exceed three (3.0) footcandles, nor shall any increase in light levels or visible glare be permitted at the lot line.
[R.O. 1994 §630.080; Ord. No. 209, 6-12-2000]
Each application for a conditional use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.
The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties.
The site plan shall delineate existing rights-of-way and easements.
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way such as alleys, pedestrianways and easements.
The site plan shall delineate the solid masonry screening as provided in Section 620.070(E)above.
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Section 620.070(F) above.
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio and its location and requirements in accordance with Section 620.070, Special Conditions, above.
The site plan shall delineate all points of access and egress in accordance with Section 620.070(C) above.
The site plan shall present in tabular form the proposed net density of the use providing the number of seats, employees or other applicable unit of measure.
The site plan shall delineate the gross floor area of the building or structure.
The site plan shall detail the proposed stages of construction for all land in development and improvements within the proposed district.
The site plan shall describe the landscaping to be provided.
The site plan shall delineate the proposed exterior lighting in accordance with Section 620.070(K) above.
The site plan shall delineate the proposed architectural details of the facility in accordance with Section 620.070(I) above.
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
The site plan shall show that the measurements from the building to structures and property line comply with this Section.