Village of Kingdom City, MO
Callaway County
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Table of Contents
Table of Contents
It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the Village of Kingdom City without having first applied for and obtained a license to conduct such business or occupation from the Village Clerk and without paying the license fee therefor, all as provided for in this Chapter.
A. 
All applications for the licenses required herein shall be made to the Village Clerk on appropriate forms provided for that purpose by the Village. All licenses issued by the Village Clerk shall be in such form as is provided by the Board of Trustees; provided however, that such license shall bear the signature of the Chairman of the Board of Trustees and the Village Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Trustees.
B. 
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a Village business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application. (RSMo. § 144.083.4)
[Ord. No. 6, 12-12-1967; Ord. No. 88, 8-20-2004]
There is hereby imposed a license fee in the amount of twenty-five dollars ($25.00) per calendar year or part thereof.
No license issued under the provisions of this Chapter shall be assignable or transferable but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one location to another location within the Village, said licensee shall submit a statement of the fact of such change to the Village Clerk who may transfer such license as to location only. In no event, however, shall such license be transferred from one person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of this Chapter shall be from January 1 to December 31 of the same year. In the event any licensee hereunder shall commence business on or after July 1, the Village Clerk shall issue such license at the rate of one-half (1/2) of the license fee for such six-month period of July 1 to December 31 or fraction thereof.
All applications for renewal of a license provided for herein shall be filed no later than December 1 of each year.
Each license issued by the Village under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee's person.
A. 
No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this Village shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
B. 
No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this Village shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the Village of Kingdom City. (RSMo. § 71.620, 2003)
A. 
Any license issued by the Village pursuant to the provisions of this Chapter may be revoked by the Board of Trustees for any of the following reasons, as well as for any other reasons specified in this Chapter:
1. 
Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the Village regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee; or
2. 
Violation of the terms and conditions upon which the license was issued; or
3. 
Failure of the licensee to pay any tax or obligation due to the Village; or
4. 
Any misrepresentation or false statement in the application for a license required herein; or
5. 
Failure to display the license required herein.
B. 
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
A. 
In any case in which a complaint has been made to the Board of Trustees, or in which the Board of Trustees has on its own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
1. 
The Board of Trustees shall set a date for a hearing to consider the question of revocation.
2. 
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the Village Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
3. 
During the pendency of this hearing before the Board of Trustees, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing set by the Board of Trustees, the Board of Trustees shall hear all relevant and material evidence justifying the retention of the license.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing the evidence presented, the Board of Trustees shall vote on the issue of whether the subject license shall be revoked.
7. 
The affirmative vote of a majority of the Board of Trustees shall be necessary to revoke any license.
A. 
All license fees not paid to the Village by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
B. 
In case of failure to apply for any license fee required by this Chapter on or before the date prescribed therefor, determined with regard to any extension of time for making an application, unless it is shown that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the amount required to be shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
C. 
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The Village shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the Village assesses a penalty under this Subsection. (RSMo. §§ 71.625, 2012; 144.170, 144.250)
[Ord. No. 101, 9-14-2005]
For the purposes of this Article and unless the context plainly requires otherwise, the following definitions are adopted:
ADULT BUSINESS
Any business:
1. 
That has as a substantial or significant purpose the sale or rental of merchandise that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or
2. 
That has as one of its regular and substantial business purposes:
a. 
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
b. 
The providing of services that are intended to provide sexual arousal or excitement or that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits, or allow participation in specified sexual activities ancillary to other pursuits.
3. 
The definition of "adult business" also includes but is not limited to any and all of the following specific adult businesses, as defined herein:
a. 
Businesses that offer merchandise for sale or rent.
(1) 
(a) 
A business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of adult media. For purposes of this definition, it shall be presumed that a substantial or significant portion of a business is devoted to the sale or rental of adult media if any one (1) or more of the following criteria are satisfied:
(i) 
Twenty-five percent (25%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period is derived from adult media;
(ii) 
Twenty-five percent (25%) or more of the number of transactions measured over any consecutive ninety-day period relate to adult media;
(iii) 
Twenty-five percent (25%) or more of the dollar value of all merchandise displayed at any time is attributable to adult media;
(iv) 
Twenty-five percent (25%) or more of the inventory consists of adult media at any time; or
(v) 
Twenty-five percent (25%) or more of the merchandise displayed for sale or rental consists of adult media at any time; or
(vi) 
Twenty-five percent (25%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to adult media at any time.
(b) 
The presumption that a substantial or significant portion of a business is devoted to the sale or rental of adult media, based upon the above guidelines, shall be rebuttable.
(2) 
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.
(3) 
A business that displays or offers good for sale or rent and that meets any of the following tests:
(a) 
It displays or offers for sale or rent items from any two (2) of the following categories: sexually-oriented toys or novelties; lingerie; clothing that graphically depicts specified anatomical area; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:
(i) 
Ten percent (10%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period; or
(ii) 
Ten percent (10%) or more of the number of sales transactions, measured over any consecutive ninety-day period; or
(iii) 
Ten percent (10%) or more of the dollar value of all merchandise displayed at any time; or
(iv) 
Ten percent (10%) or more of all inventory at any time; or
(v) 
Ten percent (10%) or more of the merchandise displayed for sale at any time; or
(vi) 
Ten percent (10%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) at any time.
(b) 
Any sales (including rentals), measured in dollars over any consecutive ninety-day period is derived from sexually-oriented toys or novelties; or
(c) 
Any sales transactions, measured over any consecutive ninety-day period, relate to sexually-oriented toys or novelties; or
(d) 
Any dollar value of all merchandise displayed at any time is attributable to sexually-oriented toys or novelties; or
(e) 
All inventory of sexually-oriented toys or novelties at any time; or
(f) 
Any merchandise displayed for sale consists of sexually-oriented toys or novelties at any time; or
(g) 
Five percent (5%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to sexually-oriented toys or novelties at any time.
b. 
Businesses that provide entertainment.
(1) 
(a) 
Any business to which the public, patrons or members are invited or admitted, and where providing adult entertainment, as defined herein, as a regular and substantial portion of its business.
(b) 
Also includes, but is not limited to, any and all of the following specific adult entertainment businesses, as defined herein:
(i) 
An establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(ii) 
An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by patrons.
(iii) 
An establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.
(iv) 
(Includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio.") An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
(v) 
An establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patrons.
(vi) 
An establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
c. 
Businesses that provide services.
(1) 
An enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
(2) 
An enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area by any photographic, electronic, magnetic tape, digital or other medium (including but not limited to film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodical) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.
(3) 
Any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment depicts, portrays, exhibits or displays specified anatomical areas or specified sexual activities.
(4) 
Books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films, CD-ROMs or other devices used to record computer images, or other media which are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(5) 
Any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books magazines or periodicals) for observation by patrons therein, adult video viewing booths are sometimes referred to as "peep shows," "adult video arcades," "panorams" and "adult mini motion-picture theaters." An adult video viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or a portion thereof which contains more than one hundred fifty (150) square feet of gross floor area.
(6) 
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, videos, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
CONTAGIOUS AND COMMUNICABLE DISEASES
Those diseases which are set out in Missouri Code of State Regulations, Department of Health, 19 CSR 20-20.020, as amended.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for entertainment.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
MANAGER
Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity at any adult business.
MINOR
Any person less than eighteen (18) years of age.
NUDE or NUDITY
The appearance of the human bare buttocks, anus, human genitals, the areola or the nipple of the female breast or a state of dress which fails to opaquely or fully cover the anus, human genitals or the areola or the nipple of the female breast.
OPERATE
To own, conduct or maintain the affairs of any adult business.
OPERATOR
Any person owning, operating, conducting or maintaining an adult business.
PATRON
Any person who enters an adult business without regard to whether a purchase is made from the adult business or compensation is paid to the adult business or any employee of the adult business for merchandise, entertainment or service, provided that the term "patron" shall not include persons who enter an adult business for the sole purpose of providing service or merchandise to the adult business and who do not remain in the adult business after the purpose had been accomplished, including, but not limited to, persons performing construction, repair or maintenance on the premises or delivering goods or merchandise to the adult business and any such similar activity.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.
SERVER
Any person who serves food and drink at an adult entertainment business.
1. 
Instruments, devices or paraphernalia which either depict specified anatomical areas or are designed or marketed for use in connection with specified sexual activities. In determining whether an item is designed or marketed for use in connection with specified sexual activities, the following guidelines may be considered:
a. 
Expert testimony as to the principal use of the item;
b. 
Evidence concerning the total business of a person or business or a person or business establishment and the type of merchandise involved in the business;
c. 
National and local advertising concerning the use of the item;
d. 
Evidence of advertising concerning the nature of the business establishment;
e. 
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
f. 
The physical or structural characteristics of the item; or
g. 
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
2. 
Any person may request an interpretive ruling from the Village Clerk, or his/her designee, as to whether a particular item is considered by the Village to be designed or marketed for use in connection with specified sexual activities. An application for an interpretative ruling shall be made in writing on a form provided by the Village Clerk, and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Village Clerk shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the Village Clerk may be appealed to the Board of Trustees within fifteen (15) days following the date of the interpretive ruling by submitting a written notice of appeal to the Village Clerk.
1. 
Uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or
2. 
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following acts of intended sexual arousal or excitement:
1. 
Sexual conduct, including, but not limited to, actual or simulated acts of sexual intercourse, masturbation, oral copulation or sodomy;
2. 
Fondling or other intentional touching of a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female;
3. 
Sadomasochistic acts; or
4. 
Acts involving animals or latent objects.
[Ord. No. 101, 9-14-2005]
A. 
It is unlawful for any person to operate or maintain an adult business in the Village unless the owner of the adult business has obtained an adult business license from the Village, or to operate such business after such license has been revoked or suspended by the Village.
B. 
It is unlawful for any entertainer, server, employee, manager, operator or owner to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult business.
C. 
The failure to post an adult business license in the manner required herein shall be prima facie evidence that an adult business has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee, manager or owner who performs any business, service or entertainment in an adult business in which an adult business license is not posted in the manner required herein had knowledge that such business is not licensed.
D. 
Any business that engages in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general but only to one (1) or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate Village officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an adult business as defined herein. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of such business.
[Ord. No. 101, 9-14-2005]
It is unlawful for any person to work as an entertainer, server, employees or manager at an adult business without first obtaining a license to do so from the Village, or to work as an entertainer, server or manager at an adult business after such person's license to do so had been revoked or suspended. It is unlawful for any adult business to employ any person in any capacity within its premises, whether as an employee or as an independent contractor, who does not have the license required by this Section. Provided, that no such license shall be required of bona fide repair or maintenance independent contractors or bona fide custodial employees who do not engage in any other activities within the adult business.
[Ord. No. 101, 9-14-2005]
A. 
The license year for all fees required herein shall be from each January 1 through December 31. The application for a license shall be accompanied by payment in full of the fee in the amount of ten thousand dollars ($10,000.00) for each adult business license and three hundred fifty dollars ($350.00) for each manager, server or entertainer license, by certified or cashier's check or money order, and no application shall be considered complete until such fee is paid.
B. 
All licenses shall be non-transferable to other persons, but shall not be limited to a specific adult business that is properly licensed under this Article. All license fees shall be non-refundable.
C. 
All adult business licenses shall be issued only for the one (1) adult business use listed on the application and defined in this Article. Any change in the type of adult 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.
[Ord. No. 101, 9-14-2005]
All fees received for licenses required by Sections 605.130 and 605.140 of this Article shall be deposited in a separate Adult Business Fund to be maintained by the Village. No funds shall be disbursed from that fund except expenses for inspection of adult businesses and enforcement of this Article.
[Ord. No. 101, 9-14-2005]
It is the intention of the Village that each adult business will be inspected on a weekly basis. These inspections will not be announced or scheduled in advance. Each licensed adult business, and each licensed manager, server, employee or entertainer is required to assist and cooperate with such inspection. Any delay or interference with the conduct of an inspection causing an unnecessary delay in the inspection shall be grounds for revocation of both the license of the adult business, and the license of the manager(s), employee(s), server(s) or entertainer(s) who participated in the delay. Any delay in excess of ninety (90) seconds shall be presumed to be unreasonable. This presumption shall be rebuttable. However, no delay by an employee awaiting instructions from higher management or otherwise caused by an adult business licensee's failure to train its employees as to the requirements of this Article shall be considered reasonable.
[Ord. No. 101, 9-14-2005]
A. 
Adult Business License.
1. 
All persons desiring to secure a license to operate an adult business as required herein shall make a verified application with the Village Clerk. All applications shall be submitted in the name of the person who owns the adult business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its President. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The Village Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the Village Clerk and shall require all of the following information:
a. 
The name, residence address, home telephone number, occupation, date, place of birth and social security number of the applicant.
b. 
The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
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 birth 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 corporate officers and directors and stockholders or members who own more than twenty-five percent (25%) interest in the corporation.
e. 
A statement from the applicant whether the applicant, or any corporate officer or director, or stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity, in previously operating in this or another Village, county or state, has had an adult business license of any type revoked or suspended, and if so, the reason for the suspension or relocation and the business activity subjected to the suspension or revocation.
f. 
A statement from the applicant, all partners or each corporate officer and director that each such person has not been either convicted of, or released from confinement for conviction of, or diverted from prosecution on:
(1) 
Any felony within the five (5) years immediately preceding the application,; or
(2) 
An ordinance violation within the two (2) years immediately preceding the application; or
(3) 
A Municipal or County ordinance violation within the two (2) years immediately preceding the application, where such felony, misdemeanor, Municipal or County ordinance violation 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 County or Municipal ordinances.
g. 
On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall submit to the Village Clerk within forty-eight (48) hours of the time each employee begins employment, a health certificate from a duly licensed Missouri physician stating that within ninety (90) days prior to the date of employment, such employee has been examined and found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement and shall also initially apply to the applicant.
h. 
If the applicant is a corporation or limited-liability company, 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 Article regulating adult businesses.
2. 
Failure to provide the information and documentation required herein shall constitute an incomplete application. The Village Clerk shall notify the applicant whether or not the application is complete within ten (10) working days of the date the application is received by the Village Clerk.
B. 
Manager, Server Or Entertainer License.
1. 
All persons desiring to secure a license to be a manager, server or entertainer shall make a verified application with the Village Clerk. All applications shall be submitted in the name of the person proposing to be a manager, server or entertainer. All applications shall be submitted on a form supplied by the Village 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. 
A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, an ordinance violation, or released from confinement for conviction of an ordinance violation, whichever event is later, within two (2) 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. 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 sale of controlled substances or illegal drugs or narcotics.
c. 
The applicant shall present to the Village Clerk, who shall copy, documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
(1) 
A motor vehicle operator's license issued by any state, bearing the applicant's photograph and date of birth;
(2) 
A State-issued identification card bearing the applicant's photograph and date of birth;
(3) 
An official and valid passport issued by the United States of America;
(4) 
An immigration card issued by the United States of America;
(5) 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the Village Clerk; or
(6) 
Any other form of identification deemed reliable by the Village Clerk.
2. 
Failure to provide the information required herein shall constitute an incomplete application. The Village Clerk shall notify the applicant whether or not the application is complete within ten (10) working days of the date the application was received by the Village Clerk.
C. 
Application processing. Upon receipt of an application for an adult business, manager, server or entertainer license, the Village Clerk shall immediately transmit one (1) copy of the application to a Law Enforcement Officer for investigation of the application. In addition, the Village Clerk shall transmit a copy of the application to the Chairman and Building Official. It shall be the duty of the Law Enforcement Officer to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license for which the application is made. The Law Enforcement Officer shall report the results of the investigation to the Village Clerk not later than twenty (20) working days from the date the application is received by the Village Clerk. It shall be the duty of the Building Official to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, and fire code ordinances of the Village. The Building Official shall report the results of his/her investigation to the Village Clerk not later than twenty (20) working days from the date the application is received by the Village Clerk. Upon receipt of the reports from the Law Enforcement Officer and the Building Official, the Village Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for an adult business, server, manager or entertainer license shall be approved or disapproved within forty-five (45) days from the date a application is received by the Village Clerk. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.
[Ord. No. 101, 9-14-2005]
A. 
The Governing Body shall examine an application for an adult business license, or a manager, server, employee, or entertainer license within forty-five (45) days of the date such application was received by the Village Clerk. After such examination, the Governing Body shall approve the issuance of a license only if the appropriate license fee has been paid, the 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.
B. 
The record of the Governing Body shall show the action taken on the application, and if the license is granted, the Governing Body shall direct the Village Clerk to issue the proper license. The adult business license and all manager, server and entertainer licenses shall state that it is not transferable to other persons or entities and the calendar year for which it is issued.
C. 
If an application for a license is denied, 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 Callaway County Circuit Court in a manner provided by law.
[Ord. No. 101, 9-14-2005]
A. 
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. 
The premises for which an application for an adult business has been made is located within one thousand (1,000) feet of any school, church, or licensed child-care center or child-care center, one thousand (1,000) feet of any public building or park, or property used for residential purposes, which uses are located within the Village limits, or one thousand (1,000) feet of the Highway 54 corridor (measured from the outer pavement line). Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the adult business would be operated to the nearest point on the property line of any school, church, licensed child-care center or child-care center, public park or property used for residential purposes located within the Village:
(1) 
Provided the phrase "property used for residential purposes" shall not include any property used primarily for commercial purposes but which contains and apartment or dwelling for the owner, or for a night watchman or employee.
(2) 
Provided, further, the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way. NOTE: The "Highway 54 corridor" is designed to protect the family-oriented businesses located adjacent to that highway and is not intended as a protection of the highway itself.
(3) 
Provided, further, that the spacing restriction set forth above in Subsection (A)(1)(a) may be waived by the Board of Trustees if the applicant demonstrates by substantial and competent evidence and it is found that:
(a) 
The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Article will be observed; and
(b) 
The proposed use will not enlarge or encourage the development of a blighted area as defined in Section 100.310, RSMo., as amended; and
(c) 
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal; and
(d) 
All applicable regulations of this Article will be observed.
b. 
The premises for which an application for an adult business has been made is located within seven hundred fifty (750) feet of any other adult business for which there is a license issued by the Village regardless of whether such businesses are located on the same property or separate properties. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the premises from which an adult business would be operated to the nearest point on the property line of such other adult business located within the Village;
(1) 
Provided the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way; and
(2) 
Provided, further, that the 750-foot restriction between such regulated uses may be waived by the Board of Trustees after review and recommendation by the Village Clerk, if the applicant demonstrates by substantial and competent evidence and it is found that:
(a) 
The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Article will be observed; and
(b) 
The proposed use will not enlarge or encourage the development of a blighted area as defined in Section 100.310, RSMo., as amended; and
(c) 
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program or urban renewal; and
(d) 
All applicable regulations of this Article will be observed.
c. 
The applicant failed to supply all of the information requested on the application;
d. 
The applicant knowingly gave false, fraudulent or untruthful information on the application;
e. 
The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the Village, provided that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body;
f. 
The applicant has been convicted, released from incarceration for conviction or diverted from prosecution on any of the crimes set forth herein during the time period set forth herein;
g. 
The applicant has had an adult business license or comparable license revoked or suspended in this or any other Village during the past five (5) years; or
h. 
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, server or entertainer license if one (1) or more of the following conditions exist:
a. 
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;
b. 
The applicant knowingly failed to provide all of the information required on the application;
c. 
The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
d. 
The applicant has had a manager, server or entertainer license revoked or suspended in this or any other Village during the past five (5) years; or
e. 
The applicant is applying for a license for a manager, server or entertainer in a bathhouse or body painting studio and has not produced a health certificate as required herein.
[Ord. No. 101, 9-14-2005]
It shall be unlawful for any person to knowingly distribute, possess with intent to distribute or offer or agree to distribute for any thing of pecuniary value any obscene material or any device designed or marketed as useful primarily for the stimulation of a specified anatomical area, even if such use is possible while the user is wearing clothing or an opaque covering. Material not otherwise obscene may be obscene under this Section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal.
[Ord. No. 101, 9-14-2005]
A. 
The following standards of conduct shall be adhered to by all adult businesses, their employees and all managers, servers and entertainers and patrons of adult businesses, while on or about the premises of the business:
1. 
Identification Cards. All or any manager, server, employee or entertainer issued a license by the Village Clerk under the provisions contained herein shall, at all times when working in an adult business, have in their possession and their person a valid identification card issued by the Village, bearing the permit number, the employee's physical description and a 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 on the premises of any adult 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 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.
5. 
Nudity Prohibited. No manager, employee, server, entertainer or patron in an adult business other than a licensed bathhouse shall be nude, or clothed in less than opaque attire.
6. 
Certain Acts Prohibited.
a. 
No manager, employee, server, entertainer or patron shall 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 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. 
All dancing or other live entertainment on the licensed premises that is intended to provide sexual stimulation or to appeal to, arouse or excite the sexual desire or interests of the patrons shall occur and be performed solely on a platform or stage which is raised at least two (2) feet above the primary level of the customer floor area. In order to insure the performance area of the stage or performance platform is not within the reach of patrons and to further insure patrons are unable to touch the performers during their performances, the licensee, owner, operator or manager shall either erect a physical barrier between the performers and the patrons that effectively eliminates the touching of the performers by the patrons or they shall paint a clearly discernible boundary line on the stage surface beyond which the performers shall not perform and which is sufficiently distant from the forward edge of the stage to insure the patrons cannot touch the performers. Further, it shall be unlawful for any patron to be upon any portion of the stage during a performance or for an owner, operator or manager to permit a patron to be upon any portion of the stage during the performance.
c. 
No employee, server, entertainer or patron of an adult business while on the premises 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.
d. 
No entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited herein and while on the premises of an adult business 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 container 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, operator, manager or other person in charge of the premises of an adult business shall:
(1) 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises unless authorized to do so by a properly issued and current drinking establishment or cereal malt beverage license;
(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 of an adult entertainment business;
(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 Article or any other Village ordinance provision or State law.
B. 
An application is overdue in payment to the Village for taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to the sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located.
[Ord. No. 101, 9-14-2005]
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 11:00 P.M. and 11:00 A.M. on weekdays and Saturdays. No sexually oriented business shall open for business or remain open for business on Sunday or any legal holiday recognized by the State of Missouri.
[Ord. No. 101, 9-14-2005]
A. 
All adult businesses shall conspicuously display on the principal entrance to the premises a sign, visible from the exterior of the premises and in contrasting colors on 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:
THIS BUSINESS IS AN ADULT BUSINESS.
ONLY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER
ARE PERMITTED ON THE PREMISES.
B. 
All adult entertainment businesses that provide live entertainment shall conspicuously display in the common area at the principal entrance to the premises a sign, in contrasting colors, on 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:
THIS BUSINESS IS AN ADULT ENTERTAINMENT BUSINESS REGULATED AND LICENSED BY THE VILLAGE OF KINGDOM CITY
ENTERTAINERS ARE:
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.
Not permitted to be nude.
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage; or
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.
CUSTOMERS ARE:
Not permitted to be upon the stage at any time.
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server, entertainer or patron or engage in solicitation for prostitution.
C. 
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) footcandle, 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.
D. 
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. Adult video viewing booths are prohibited whether or not the booth is visible from a common area of the premises.
E. 
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 restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
F. 
Hours Of Operation. No adult business may be open or in use:
1. 
Between the hours of 11:00 P.M. and 8:00 A.M. Monday through Saturday; nor
2. 
Between the hours of 11:00 P.M. Saturday and 8:00 A.M. Monday; nor
3. 
Between the hours of 12:00 Midnight and 11:59 P.M. on public holidays, as defined in Section 9.010, RSMo.
G. 
Facilities Necessary.
1. 
No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by an appropriate Village Official 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 operators and 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. Toilets shall be designated as to the sex accommodated therein.
c. 
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
2. 
An appropriate Village Official 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 Village Clerk; provided, however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate Village official may recommend the issuance of a license contingent upon the compliance with any requirements in this Section.
[Ord. No. 101, 9-14-2005]
A. 
Every person licensed as an adult business shall post such license in a conspicuous place and manner on the adult business premises.
B. 
Every person holding a server, manager or entertainer license shall post his/her license in his/her work area on the adult business premises so it shall be readily available for inspection by Village authorities responsible for enforcement of this Article.
[Ord. No. 101, 9-14-2005]
A. 
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.
B. 
It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid entertainer or server'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.
[Ord. No. 101, 9-14-2005]
All adult businesses shall permit representatives of the Village or any other Law Enforcement Agency acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.
[Ord. No. 101, 9-14-2005]
A. 
Whenever the Village Clerk has information that:
1. 
The owner or operator of an adult business or a holder of a manager, server or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Article; or
2. 
There have been recurrent violations of provisions of this Article that have occurred under such circumstances that the owner or operator of an adult business knew or should have known that such violations were committed; or
3. 
The adult business licensee or the manager, server 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, server 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 operator, or any partner, or any corporate 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 owner or operator of an adult business or the holder of a manager, server or entertainer license has become disqualified from having a license by a conviction as provided herein, then the Village Clerk shall make this information known to the Governing Body, which shall conduct a public hearing, in accordance with the notice and hearing procedure set forth in Section 605.290, to determine whether the license should be suspended or revoked. 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; or
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 this Article occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.
[Ord. No. 101, 9-14-2005]
A. 
In any instance in this Article wherein a hearing is required, the Governing Body shall, after no less than ten (10) days' written notice to the applicant or licensee, hold such hearing to ascertain all facts in the matter.
B. 
Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address. In the event that the Governing Body is unable to serve the adult entertainment business licensee in person, and any notice sent by mail is returned by the postal service, the Governing Body shall cause such notice to be posted at the principal entrance of the adult entertainment business and such posting shall be a valid means of service.
C. 
At such hearing, an applicant or licensee shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross-examine all witnesses who appear against him/her. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The Governing Body may receive evidence relevant to the issues from the applicant or licensee. Witnesses may be subpoenaed, and upon request of any party, the Governing Body shall issue subpoenas, and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in Circuit Court.
D. 
The Governing Body shall issue findings of fact and conclusions of law, and an order wherein it dismisses the complaint, or suspends or revokes the license previously issued. The Governing Body's order shall be served upon the applicant or licensee in person or by registered or certified mail to the applicant's or licensee's last-known address. In the event that the Governing Body is not able to serve such order upon the licensee or applicant for renewal license in the manner stated above, such order may be served by posting such order at the principal entrance of the adult entertainment business and such posting shall be a valid means of service.
[Ord. No. 101, 9-14-2005]
A. 
A license may be renewed by making application to the Village Clerk on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between December 16 and December 31.
B. 
Upon timely application and review as provided for a new license, a license issued under the provisions of this Article shall be renewed by issuance of a new license in the manner provided herein.
C. 
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.
[Ord. No. 101, 9-14-2005]
Following the entry of an order by the Village Clerk suspending or revoking a license issued pursuant to this Article, or disapproving the renewal application for a license, such licensee or applicant may seek judicial review in a manner provided by law. The Village Clerk shall stay enforcement of such order for a period of time not to exceed forty-five (45) days pending the filing and/or final disposition of proceedings for judicial review.
[Ord. No. 101, 9-14-2005]
It shall be unlawful for any person to violate any of the provisions of this Article. Upon conviction thereof, such person shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or be punished by incarceration for up to ninety (90) days, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Article shall constitute a separate and distinct offense.
[Ord. No. 101, 9-14-2005]
A. 
The Village 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 Article.
B. 
All adult businesses operating within the Village shall comply with all Federal recordkeeping regulations that may be applicable to any such business, and shall permit the Village inspector to examine the same. The Village inspector is authorized to undertake such examination of these records to determine that they are complete and accurate as to the inspector may seem reasonable.
C. 
Failure to comply with such Federal recordkeeping regulations may be grounds for the revocation of the license of the adult business, as well as the revocation of the license of the employee or employees of such business who are required to maintain such records.
[Ord. No. 101, 9-14-2005]
Neither the adoption of this Article nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution or civil enforcement for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
[Ord. No. 101, 9-14-2005]
If any Section, Subsection, subdivision, paragraph, sentence, clause or phrase in this Article, 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 Article.
[Ord. No. 101, 9-14-2005]
A. 
The provisions of this Article shall apply to all adult businesses existing on the effective date of this Article, as well as to all adult businesses established after the effective date of this Article.
B. 
Any adult business lawfully operating on the effective date of this Article that is ineligible for licensing solely as a result of the locational restrictions set forth in Section 605.200 herein shall be deemed a lawful nonconforming business.
C. 
Each of the following adult businesses, as defined in this Article, shall be considered a unique and separate adult business: adult media outlet; adult newsrack; adult retail establishment; adult motion-picture theater; adult theater; adult entertainment cabaret; adult entertainment studio; adult encounter parlor; body painting studio; bath house; adult motel. The classification of each adult business shall be determined at the time a license is issued for the business. Where an adult business is considered a lawful non-conforming business under this Section, the right to continue such non-conforming business hall be limited to that specific business, as defined herein, and shall not include other adult businesses listed herein.
D. 
The extension of a lawful non-conforming business to any portion of a building, which portion was constructed expressly for such non-conforming business prior to the effective date of this Article, shall be permitted, provided that no structural alterations shall be made thereafter.
E. 
An adult business lawfully operating as a conforming business is not rendered non-conforming by the location, subsequent to grant or renewal of the adult business license, of a school, church, licensed child-care center or child-care center that has been inspected by the Village or Fire District, public park or properties owned or used for residential purposes located within the Village limits and within the respective locational requirement of the adult business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.