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:
Any business:
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
That has as one of its regular and substantial business purposes:
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 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.
The definition of "adult business" also includes but is not
limited to any and all of the following specific adult businesses,
as defined herein:
Businesses that offer merchandise for sale or rent.
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:
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;
Twenty-five percent (25%) or more of the number of transactions
measured over any consecutive ninety-day period relate to adult media;
Twenty-five percent (25%) or more of the dollar value of all
merchandise displayed at any time is attributable to adult media;
Twenty-five percent (25%) or more of the inventory consists
of adult media at any time; or
Twenty-five percent (25%) or more of the merchandise displayed
for sale or rental consists of adult media at any time; or
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.
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.
ADULT NEWSRACKAny 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 RETAIL ESTABLISHMENTA business that displays or offers good for sale or rent and that meets any of the following tests:
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:
Ten percent (10%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period; or
Ten percent (10%) or more of the number of sales transactions,
measured over any consecutive ninety-day period; or
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time; or
Ten percent (10%) or more of all inventory at any time; or
Ten percent (10%) or more of the merchandise displayed for sale
at any time; or
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.
Any sales (including rentals), measured in dollars over any
consecutive ninety-day period is derived from sexually-oriented toys
or novelties; or
Any sales transactions, measured over any consecutive ninety-day
period, relate to sexually-oriented toys or novelties; or
Any dollar value of all merchandise displayed at any time is
attributable to sexually-oriented toys or novelties; or
All inventory of sexually-oriented toys or novelties at any
time; or
Any merchandise displayed for sale consists of sexually-oriented
toys or novelties at any time; or
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.
Businesses that provide entertainment.
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.
Also includes, but is not limited to, any and all of the following
specific adult entertainment businesses, as defined herein:
ADULT MOTION-PICTURE THEATERAn 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.
ADULT THEATERAn 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.
ADULT ENTERTAINMENT CABARETAn 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.
ADULT ENTERTAINMENT STUDIO (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.
ADULT ENCOUNTER PARLORAn 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.
BODY PAINTING STUDIOAn 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.
Businesses that provide services.
BATHHOUSEAn 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.
ADULT MOTELAn 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.
ADULT ENTERTAINMENTAny 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.
ADULT MEDIABooks, 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.
ADULT VIDEO VIEWING BOOTHAny 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.
ADULT ARCADEAny 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.
Those diseases which are set out in Missouri Code of State
Regulations, Department of Health, 19 CSR 20-20.020, as amended.
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.
Any person who provides adult entertainment within an adult
business, whether or not a fee is charged or accepted for entertainment.
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.
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.
Any person less than eighteen (18) years of age.
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.
To own, conduct or maintain the affairs of any adult business.
Any person owning, operating, conducting or maintaining an
adult business.
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.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, governmental entity,
or other entity or group of persons, however organized.
Any person who serves food and drink at an adult entertainment
business.
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:
Expert testimony as to the principal use of the item;
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;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment;
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
The physical or structural characteristics of the item; or
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
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.
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
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Any of the following acts of intended sexual arousal or excitement:
Sexual conduct, including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
Fondling or other intentional touching of a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
Sadomasochistic acts; or
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:
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.
