[Ord. No. 4001,[1] § 1, 9-26-2006]
(a)
Purpose. It is the purpose of this division to regulate sexually
oriented businesses in order to promote the health, safety, morals,
and general welfare of the citizens of the City, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the City.
The provisions of this division have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of this division to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this division to condone or legitimize the distribution
of obscene material.
(b)
Findings. The Board of Aldermen finds as follows:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
(2)
Certain employees of sexually oriented businesses, as defined
in this division, engage in higher incidence of certain types of illicit
sexual behavior than employees of other establishments.
(3)
Sexual acts occur at sexually oriented businesses, especially
those which provide private or semi-private booths or cubicles for
viewing films, videos, or live sex shows.
(4)
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
(5)
Persons frequent certain adult theaters, adult arcades, and
other sexually oriented businesses for the purpose of engaging in
sex within the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses, including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections
and shigella infections.
(7)
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities
and the failure of the owners and the operators of the facilities
to self-regulate those activities and maintain those facilities.
(9)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(10)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and
the operators of the sexually oriented businesses. Further, such a
licensing procedure will place an incentive on the operators to see
that the sexually oriented business is run in a manner consistent
with the health, safety, and welfare of its patrons and employees,
as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
(11)
Requiring licensees of sexually oriented businesses to keep
information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(12)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant government interest in the operation of such uses,
will aid in preventing the spread of sexually transmitted diseases.
(13)
In the prevention of the spread of communicable disease, it
is desirable to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this division is designed
to prevent, or who are likely to be witnesses to such conduct.
(14)
The fact that an applicant for a sexually oriented business
license has been convicted of a sexually related crime leads to the
rational assumption that the applicant may engage in that conduct
in contravention of this division.
(15)
The barring of such individuals from the management of sexually
oriented businesses for a period of years serves as a deterrent to,
and prevents conduct which leads to, the transmission of sexually
transmitted diseases.
(16)
The general welfare, health, morals, and safety of the citizens
of the City will be promoted by the enactment of this division.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Div. 6, which pertained to massage parlors and was derived
from the 1965 Code, as amended.
[Ord. No. 4001, § 1, 9-26-2006]
An establishment regularly featuring dancing or other live
entertainment if the dancing or entertainment that constitutes the
primary live entertainment is distinguished or characterized by an
emphasis on the exhibition of specific sexual activities or specified
anatomical areas for observation by patrons therein.
Any live exhibition, performance, or dance characterized
by the exposure of any specified anatomical areas even if covered
by translucent clothing, or by specified sexual activities, or by
appearance of persons in attire, costume, or clothing so as to emphasize
or expose, even through opaque clothing, the view to specified anatomical
areas.
Magazines, books, videotapes, movies, slides, CD-ROMS or
other devices used to record computer images, or other media that
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas.
An establishment that rents and/or sells adult media, and
that meets any of the following three tests:
Twenty-five percent or more of the gross public floor area is
devoted to adult media.
Twenty-five percent or more of the stock-in-trade consists of
adult media.
It advertises or holds itself out in any forum as "XXX", "adult",
"sex", or otherwise as a sexually oriented business which sells adult
media.
An establishment containing a room with seats facing a screen
or projection areas, where the business is the exhibition to customers
of films, videotapes, slides or motion pictures, which are intended
to provide sexual stimulation or sexual gratification to the customers
and which are distinguished by or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
A freestanding structure, vehicle or booth where 25% or more
of the gross public floor area offers for sale, books, magazines,
periodicals, or other printed matter, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
An establishment located in an enclosed building where the
business is providing the live performance of activities relating
to specified sexual activities or exhibition of specified anatomical
areas or live performers, for observation by customers and patrons.
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 a sexually oriented business.
Any person who provides adult entertainment at a sexually
oriented business described herein, whether or not a fee is accepted
for the entertainment.
The total area of the building accessible or visible to the
public, including showrooms, motion pictures theaters, motion picture
arcades, service areas, behind-counter areas, storage areas visible
from such other areas, restrooms (whether or not labeled "public"),
areas used for cabaret or similar shows (including stage areas), plus
aisles, hallways, and entry ways serving such areas.
Mainstream media outlets are defined as any video store,
bookstore or a newsstand that carries more than 10% sexually oriented
material but less than 25%.
Any person who manages, directs, administers, or is in charge
of the affairs and for conduct of any portion of any activity involving
adult entertainment occurring at any sexually oriented business.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or applied with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparation
commonly used in this practice.
Any establishment having a fixed place of business where
any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in the preceding paragraph defining "massage."
Any person who, for any consideration whatsoever, engages
in the practice of massage.
Any material or performance is obscene if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
Any business which meets any one of the following criteria:
More than 10% of the stock-in-trade of the business consists
of sexually oriented toys, novelties, leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices; or
More than 10% of the gross public floor area of the business
is devoted to the display of sexually oriented toys or novelties;
leather goods marketed or presented in a context to suggest their
use for sadomasochistic practices; or
It advertises or holds itself out in any forum as "XXX", "adult",
"sex", or otherwise as a sex business other than an adult media outlet,
adult motion picture theater, or adult cabaret.
Human genitals in a state of sexual stimulation or arousal
or acts of human masturbation, sexual stimulation or arousal or acts
of human masturbation, sexual intercourse, sodomy, or fondling or
other erotic touching of human genitals, pubic region, buttocks, or
female breast.
An inclusive term used to describe collectively: Adult cabaret;
adult motion picture theater; adult media store; and/or sex shop which
has as a primary purpose the sale, display or rental of goods that
are designed for use in connection with specified sexual activities
or that emphasize matters depicting, describing or relating to specified
sexual activities or specified anatomical areas or has one of the
following as a primary business purpose:
The provision 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 provision of nonmedical services related to specified sexual
activities or specified anatomical areas.
[Ord. No. 4001, § 1, 9-26-2006]
The regulations contained in this division do not apply to the
following:
(a)
Any retail business whose major business is the offering of wearing
apparel for sale to customers.
(b)
Any play, drama, ballet, or motion picture in any theater, concert
hall, museum of fine arts, school, institution of higher education,
or other similar establishment as a form of expression or opinion
or communication of ideas or information, as differentiated from the
promotion or exploitation of nudity for the purpose of advancing the
economic welfare of the commercial or business enterprise.
[Ord. No. 4001, § 1, 9-26-2006]
Only massage businesses as defined and regulated in Chapter
324 of the Missouri Revised Statutes will be allowed in the City of
Crestwood, Missouri.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
Mainstream media outlets shall have the same zoning and licensing
requirements as any other media outlets, as long as the following
conditions are implemented: Adult media shall be kept in a separate
room or section of the shop, which room or section shall:
(1)
Not be open to any person under the age of 18;
(2)
Be physically and visually separated from the rest of the store
by an opaque wall of durable material, reaching at least eight feet
high or to the ceiling, whichever is less;
(3)
Be located so that the entrance to it is as far as reasonably
practical from media or other inventory in the store likely to be
of particular interest to children;
(4)
Have access controlled by electronic or other means to provide
assurance that persons under age 18 will not gain admission and that
the general public will not accidentally enter such room or section.
Continuous video or window surveillance of the room by store personnel
should be provided; and
(5)
Provide signage at the entrance stipulating that persons under
18 are not permitted inside.
(b)
Media outlets that contain less than 10% of the stock in trade which
involves sexually oriented materials are not regulated by this section.
However, no explicit sexual material may be publicly displayed, as
defined in Chapter 573 of the Missouri Revised Statutes.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
It shall be unlawful for any person to operate or maintain a sexually
oriented business within the City until the owner of such business
has applied to the office of the City Clerk for a license to operate
such business and such license has been approved by the Chief of Police,
Director of Public Services and the City Clerk or to operate such
establishment after such license has been revoked or suspended by
the City, or has expired as set forth in this article.
(b)
It shall be unlawful for any manager, employee or entertainer to
knowingly perform any work, service or entertainment directly related
to the operation of an unlicensed sexually oriented business, or to
work at such business after such license has been revoked or suspended
by the City, or has expired, as set forth in this article.
(c)
No licensed manager, entertainer, or employee shall knowingly work,
serve, or entertain in any sexually oriented business which does not
have a valid license as required by this article.
(d)
Every sexually oriented business, manager, entertainer or other employee
required to be licensed by this article shall post such license in
a conspicuous place on the licensed premises so it is readily available
for inspection by City authorities responsible for enforcement of
this division. Failure to post the license as required by this section
is prima facie evidence that the sexually oriented business has not
obtained such a license. In addition, it shall be prima facie evidence
that any entertainer, employee, or manager who performs any service
or entertainment in a sexually oriented business in which a sexually
oriented business license is not posted in a manner required by this
division, had knowledge that such establishment was not licensed.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
The license year for all fees required under this division shall
be from July 1 through June 30. The application for a license shall
be accompanied by payment in full of the fee stated in this section
by certified check, cashier's check or money order; and no application
shall be considered until such fee is paid.
(b)
The classification of licenses and fees for each shall be as follows:
(1)
Sexually oriented business license fee, $1,000 for initial application;
$500 for renewal;
(2)
Sexually oriented business manager's license fee, $250 for initial
application; $125 for renewal;
(3)
Sexually oriented business entertainer's license fee, $250 for
initial application, $125 for renewal.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
Sexually oriented business license. An application for license for
the operation of a sexually oriented business in the City shall be
obtained from the City Clerk. A notarized application shall be submitted
in the name of the person proposing to conduct or operate the sexually
oriented business. All applications shall contain the following information:
i.
The business name, address and telephone number of the establishment,
a description of the entertainment to be performed on the premises,
and the name or names of the owner of the premises where the sexually
oriented business will be located.
ii.
The name, address, home telephone number, occupation, date,
and place of birth and Social Security number of the applicant.
iii.
The names, residence, addresses, social security numbers and
dates of births of all partners, if the applicant is a partnership;
and if the applicant is a corporation or a limited liability company,
the same information for all corporate officers, directors, and all
limited liability company managers and members.
iv.
The addresses of the applicant, or of all partners, or of all
corporate officers and directors, or of all limited liability company
managers or members, for the five years immediately prior to the date
of the application.
v.
A description of the sexually oriented business and similar business
history of the applicant, all partners, all corporate officers and
directors; and all limited liability company managers and members
including, whether any such person or entity, in previously operating
in this or another City, county or state, has had a business license
revoked or suspended, the reason therefore, and the activity or occupation
subjected to such action, suspension or revocation.
vi.
A statement of each and every business, occupation or employment
of the applicant, or of all partners, or of all corporate officers
and directors, or of all limited liability company managers and members,
for the three years immediately preceding the date of the application.
vii.
A statement from the applicant, or from each partner, or from
each corporate officer and director, or from each limited liability
company manager and member, that each such person has not been convicted
of, released from confinement for conviction of, or diverted from
prosecution on:
1.
A felony criminal act within five years immediately preceding
the application; or
2.
A misdemeanor criminal act within five years immediately preceding
the application, where such misdemeanor criminal act involved sexual
offenses, prostitution, promotion of prostitution, sexual abuse of
a child, pornography or related offenses as defined in the Missouri
Criminal Code or the criminal code of the jurisdiction in which the
offense was charged, or involved controlled substances or illegal
drugs or narcotic offenses as defined in the Missouri Controlled Substances
Act or other statutes or ordinances.
The statement shall also indicate that the applicant, partner
or corporate officer or director has not been convicted of a municipal
ordinance violation or diverted from prosecution on a municipal ordinance
violation, within two years immediately preceding the application
where such municipal ordinance violation involved sexual offenses,
indecent exposure, prostitution or the sale of controlled substances
or illegal drugs or narcotics.
viii.
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant, or of all partners if the
applicant is a partnership, or of all corporate officers and directors
if the applicant is a corporation, or in the case of a limited liability
company, the managing member.
ix.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
x.
A statement signed under oath that the applicant has personal knowledge
of the information contained within the application and that the information
contained therein is true and correct and that the applicant has read
the provision of this division.
|
Failure to provide the information and documentation required
by this subsection shall constitute an incomplete application which
shall not be processed.
|
(b)
Sexually oriented business manager or entertainer's license. An application
for a sexually oriented business manager or entertainer license for
work at a sexually oriented business in the City shall be obtained
from the City Clerk. A notarized application shall be submitted in
the name of the person proposing to be a sexually oriented business
manager or entertainer. All applications shall contain the following
information:
i.
The home telephone number, occupation, date and place of birth and
Social Security number of the applicant.
ii.
The business name, address and telephone number of the business
where the applicant intends to work and an intent to hire statement
from the sexually oriented business that is licensed or that has applied
for a license under the provisions of this division.
iii.
A statement from the applicant that the applicant has not been
convicted of, released from confinement of, or diverted from prosecution
on:
1.
A felony criminal act within five years immediately preceding
the application; or
2.
A misdemeanor criminal act within five years immediately preceding
the application, where such misdemeanor criminal act involved sexual
offenses, prostitution, promotion of prostitution, sexual abuse of
a child, pornography or related offenses as defined in the Missouri
Criminal Code, or the criminal code of the jurisdiction in which the
offense was charged, or involved controlled substances or illegal
drugs or narcotic offenses as defined in the Missouri Controlled Substances
Act or other statutes or ordinances. The statement shall also indicate
that the applicant has not been convicted of a municipal ordinance
violation within two 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.
iv.
Documentation that the applicant has attained the age of 18
years at the time the application is submitted.
v.
A full set of fingerprints and a photograph of the applicant, to
be taken by the Police Department.
vi.
A statement signed under oath that the applicant has personal
knowledge of the information contained within the application and
that the information contained therein is true and correct and that
the applicant has read the provisions of this division.
|
Failure to provide the information and documentation required
by this subsection shall constitute an incomplete application which
shall not be processed.
|
(c)
Application processing. Upon submission of a complete application
for a sexually oriented business license, or a sexually oriented business
manager, or entertainer license, the City Clerk will transmit one
copy of the application to the Chief of Police and one copy to the
Director of Public Services. The Police Department shall review the
information contained therein, perform a background check, and verify
the qualification of the applicant. Additionally, the Director of
Public Services will determine whether the structure of the sexually
oriented business complies with the requirements and meets the standards
of the applicable health, zoning, building, fire, and property maintenance
ordinances of the City. The Chief of Police and the Director of Public
Services shall report results to the City Clerk no later than 10 working
days from the date the application is received by the City Clerk.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
If the application for a license of a sexually oriented business,
or for a manager or entertainer of a sexually oriented business is
in proper form, accompanied by the appropriate license fee, the City
Clerk shall examine the application. If after such examination, the
City Clerk determines that the applicant is qualified, has met the
requirements of the Chief of Police and the Director of Public Services,
and has met all requirements set forth in this article, the City Clerk
will approve a license as provided for by law. The City Clerk must
provide the applicant with a response within 60 days of the submission
of the completed application for the sexually oriented business. No
incomplete application will be processed.
(b)
If an application of a license is not approved, the applicant shall
be immediately notified by registered or certified mail to the applicant's
last known address and the notification shall state the bases for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provided
by law.
(c)
The license, if granted shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business.
(d)
A single license will authorize the operation of only one sexually
oriented business; more than one business use within a licensed business
is prohibited.
(e)
No person is eligible nor shall licenses be issued to a sexually
oriented business or manager, employee or entertainer if the applicant
does not meet the requirements set forth in this division or one of
the following requirements is not met:
(1)
The applicant failed to supply all of the information requested
on the application;
(2)
The applicant gave false, fraudulent or untruthful information
on the application;
(3)
The applicant's proposed business premise does not comply with
or meet the ordinances of the City, provided, that upon a showing
that the premises meet said requirements and that the applicant is
otherwise qualified, the application shall be eligible for reconsideration
by the City;
(4)
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Subsection 13-168(a)vii or 13-168 (b)iii, during the time period set forth in said subsection;
(5)
The applicant or applicant's spouse has had an adult entertainment
license revoked or suspended in this or any other City during the
past five years.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
A license may be renewed by making application to the City Clerk
on the application forms provided. Licenses shall expire on June 30
of each year, and renewal application for such licenses shall be submitted
by June 1 of each year.
(b)
Upon payment of license fee and review of the application by the City Clerk, the City Clerk shall renew the license for an additional license year if conditions under which the original license was issued have not changed. If the application for renewal of a license is not made during the time provided in subsection (a) of this section, the expiration of such license shall not be affected and a new application shall be required.
(c)
License will not be renewed if the applicant is overdue in the payment
to the City of taxes, fees, fines, or penalties assessed against the
business or imposed upon the business in relation to the sexually
oriented business.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
Licenses issued under this division shall not be transferable, either
to any person, persons or other entities.
(b)
The City Clerk may suspend a license for a period not to exceed 30
days upon a determination that a licensee or employee has violated
any part of this article. Said suspension shall be issued in writing
mailed by certified mail, return receipt requested, to the licensee
at the address of the establishment or at the home of the licensee
or served by process server at the usual place of abode of the licensee
or at the address of the establishment. If a suspension is issued
for a correctable violation, said suspension shall be terminated upon
verification by inspection that the correction has been made which
shall be determined no later than 48 hours after receipt of written
notice of correction by the City Clerk.
(c)
The City Clerk shall revoke any license where any of the following
occur:
i.
The sexually oriented business license or the sexually oriented business
manager or entertainer license was obtained through false statements
in the application for such license, or renewal thereof; or
ii.
The sexually oriented business license or sexually oriented
business manager or entertainer licensee failed to make a complete
disclosure of all information in the application for such license
or renewal thereof; or
iii.
The owner/operator, any partner, any corporate officer, director, employee, manager, or entertainer holding a sexually oriented business license has become disqualified from having a license by a conviction as provided in § 13-168(a)vii or 13-168(b)iii; or
[Ord. No. 4001, § 1, 9-26-2006]
An applicant who has been denied either an initial license or
a renewal license, or whose license has been suspended or revoked
may appeal the City Clerk's decision by filing a written notice of
appeal to the Board of Aldermen within 10 days of the City Clerk's
decision. The Board of Aldermen shall schedule a public hearing of
such appeal within two weeks of filing of the written notice of appeal,
or as soon thereafter as is possible if the Board of Aldermen is not
in session when the notice of appeal is filed. The Board of Aldermen
shall affirm the decision of the City Clerk if it finds that the conditions
pertinent to issuance or maintenance of a license have not been met.
An applicant aggrieved by any decision shall have the right to seek
judicial review as is permitted by applicable state law.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
No sexually oriented business shall be located or situated at a distance
of less than 500 feet from any property occupied by a public or private
school, day care center, church or place of worship, hospital, public
park, regional mall or any property used for residential purposes.
Measurements shall be made in a straight line without regard to intervening
structures or objects, from the front door of the sexually oriented
business to the nearest point on the property boundary of the tract
occupied by the school, church, hospital, park, licensed child care
center, regional mall or residential parcel.
(b)
No sexually oriented business shall be located or situated at a distance
of less than 1,000 feet from another sexually oriented business. Measurements
shall be made in a straight line without regard to intervening structures
or objects, from the front door of the sexually oriented business
to the front door of another sexually oriented business.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
It shall be unlawful for any entertainer, employee, or customer to
fondle, caress, or touch any customer or other entertainer or employee
in a manner in or on a specified anatomical area or for any customer
to fondle, caress, or touch any entertainer or employee or other customer
in any manner in or on a specified anatomical area, whether such specified
anatomical areas are clothed, unclothed, covered, or exposed.
(b)
No employee or entertainer 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 as defined herein, or participate in any act of prostitution.
(c)
No entertainer or employee shall solicit, demand, or receive any
payment or gratuity from any patron or customer for any act prohibited
by this article and no entertainer or employee shall receive any payment
or gratuity from any customer for any entertainment regulated hereunder.
(d)
It shall be unlawful for an entertainer or employee to be visible
from the exterior of the sexually oriented business while such person
is unclothed or in such attire, costume or clothing as to expose to
view any specified anatomical area.
(e)
It shall be unlawful to operate a sexually oriented business in any
manner that permits the observation of live performers engaged in
an erotic depiction or dance or any material or persons depicting,
describing or relating to specified sexual activities or specified
anatomical areas as defined herein, from any exterior source by display,
decoration, sign, show window or other opening.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
At least one licensed sexually oriented business manager shall be
on duty during all hours of operation. The name and license number
of the manager on duty shall be prominently posted during business
hours.
(b)
It shall be the responsibility of the manager on duty to verify that
any person who provides adult entertainment within the premises possesses
a current and valid entertainer's license issued by the City.
(c)
It shall be the responsibility of the manager to post and enforce
a "no loitering" policy.
(d)
It shall be the responsibility of the manager to ensure all standards
and obligations of the license are maintained.
(e)
The licensed sexually oriented business must notify the City within
72 hours of the termination or resignation of any licensed manager.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
No sexually oriented business may be open or in use between the hours
of 1:30 a.m. and 10:00 a.m.
(b)
Only persons 18 years of age or older shall be permitted on the premises
of any sexually oriented business.
(c)
The premises of all sexually oriented businesses shall be physically
arranged in such a manner that there is an unobstructed view of the
entire premises, excluding restrooms, dressing rooms, and storage
space. Visibility of common areas shall not be blocked or obscured
by doors, curtain, drapes or any other obstruction whatsoever.
(d)
Ventilation and sanitation requirements. The premises of all sexually
oriented businesses shall be kept in a sanitary condition. Separate
dressing rooms and restrooms for men and women shall at all times
be maintained and kept in sanitary condition.
(e)
No owner, operator, manager or other person in charge of a sexually
oriented business shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to
be brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or illegal drug or narcotic
on the premises;
(3)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or
(4)
Knowingly allow or permit a violation of this article or any
other City ordinance or provision or state law.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
General standards.
(1)
The premise of all sexually oriented businesses will be so constructed
as to include a foyer, partition, or other physical barrier on all
customer entrances that will ensure 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,
(2)
Design must ensure that the manager has visual control of the
premises using a system that will provide continuous monitoring of
blind spots or remote parts of the premises.
(3)
Lighting required. The premises of all sexually oriented business
shall be equipped with overhead lighting of sufficient intensity to
illuminate every place to which customers are permitted access at
an illumination of not less than one foot-candle as measured at the
floor level, and such illumination must be maintained at all times
that any customer or patron is present in or upon the premises.
(4)
Design must ensure access control in order to prevent any attempted
or accidental entry by a minor.
(5)
The business must provide restrooms for customer use.
(b)
Design standards for businesses with live or film entertainment.
(1)
Stage must be elevated 18 inches above floor level and the stage
must have a railing in place on the floor that keeps customers at
least 36 inches away from the stage.
(2)
Performers must remain on stage during the performance.
(3)
Live entertainment must occur in a space of at least 600 square
feet.
[Ord. No. 4001, § 1, 9-26-2006]
(a)
It shall be unlawful for a sexually oriented business to erect, construct
or maintain any sign for the sexually oriented business except for
one primary and one secondary sign.
(b)
Primary signs shall have no more than two display surfaces which
shall:
(1)
Not contain any flashing lights;
(2)
Be rectangular in shape;
(3)
Conform to the City of Crestwood's sign code; and
(4)
Not contain a photograph, silhouette, drawing or pictorial representation
of any kind, and may display only the name of the sexually oriented
business, and one or more of the following: "adult bookstore", "adult
movie (or video) theater", "adult novelties", "adult entertainment".
(e)
Any sign located on the premises of a commercial multi-unit center
containing an enterprise that displays the name, or a portion of the
name of the enterprise, any name under which any enterprise was formerly
operated on the premises, or that contains any of the terms set forth
in subsection (c)(3) of this article, or any other terminology that
is commonly used to identify, or is associated with the presence of
a sexually oriented business, shall comply with the restrictions of
this article. The intent of this subsection is to prevent the use
of the signage identifying the commercial multi-use center itself
as a subterfuge to evade the restriction on sexually oriented business
signs set forth in this article.
[Ord. No. 4001, § 1, 9-26-2006]
Any sexually oriented business licensed under this division
shall comply with all other requirements of the Codes of the City
of Crestwood as now or in the future may be adopted.
[Ord. No. 4001, § 1, 9-26-2006]
An applicant or licensee shall permit representatives of the
Police Department, Fire Department, or Public Services Department
to inspect the premises of a sexually oriented business for the purpose
of ensuring compliance with the law, at any time it is occupied or
open for business. It shall be unlawful for any licensee to fail to
allow such inspection officer access to the premises or hinder such
officer in any manner.
[Ord. No. 4001, § 1, 9-26-2006]
If any section, subsection or clause of this division shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections and clauses shall not be affected
thereby.
[Ord. No. 4001, § 1, 9-26-2006]
Any violation of any part of this division shall be deemed a
misdemeanor and shall be subject to all penalties as provided in this
Code.
