[Ord. No. 716, § 1, 10-3-2000]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any business, commercial establishment or premises that offers
to its customers adult motion pictures; bathhouse services, sexually
oriented toys or novelties; motion picture arcade booths; or otherwise
offers any live exhibition, performance or dance by persons whose
exhibition, performance or dance is characterized by an emphasis relating
to specified sexual activities or specified anatomical areas.
Any building, structure or facility which contains or is
used for commercial entertainment, that provides adult entertainment.
Magazines, newspapers, books, videotapes, movies, slides,
CD-ROMs, digital video discs, other devices used to record computer
images or other media which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
Movies, videos or other projected images which are distinguished
or characterized by an emphasis on the depiction or description of
specified sexual activities or specified anatomical areas.
Any establishment which provides the services of baths of
all kinds, including all forms and methods of hydrotherapy, unless
operated by either a medical practitioner or professional physical
therapist licensed by the state.
Pinball machines, marble machines, music-vending machines,
pool tables or machines, coin-operated shuffleboards and any other
device operated by the insertion of a coin, disc or other insertion
piece, whether or not also manipulated by the operator, and which
operate for the amusement of the operator, whether or not by registering
a score. It shall include "slot machines," "claw machines," or other
machines prohibited by state law. It shall not include machines or
devices used bona fide and solely for the vending of service, food,
confections or merchandise.
Any person who is not an employee who enters or remains on
the premises and who purchases or otherwise partakes of any merchandise,
goods, entertainment or other services offered upon the premises.
Exposing, placing, posing or exhibiting in any fashion in
any location, whether public or private, an item or material in such
a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a street, highway
or public sidewalk, or from the property of others from any portion
of the exhibitor's premises.
Any person who works in or about a business which engages
in adult entertainment and who receives compensation for such service
from the operator or owner of the business or from the customers therein.
The term "employee" includes managers, entertainers and independent
contractors who render any services directly related to the operation
of the adult entertainment or activities on the premises.
Any person who provides adult live entertainment within an
adult entertainment business, whether or not a fee is charged or accepted
for entertainment.
Any exhibition or dance of any type, pantomime, modeling
or any other performance.
Any material depicting human masturbation, deviate sexual
intercourse, sexual intercourse, direct physical stimulation of unclothed
genitals, sadomasochistic abuse or the depiction of post-pubertal
human genitals; provided, however, that works of art or anthropological
significance are not included in this definition.
Any person who manages, directs, administers or is in charge
of the affairs or conduct of any portion of any activity occurring
at a business engaging in adult entertainment.
Anything printed or written; any picture, drawing, photograph,
motion picture film, videotape or videotape production; any pictorial
representation; any statue or other figure; any recording or transcription,
or any mechanical, chemical or electrical reproduction; or anything
which is or may be used as a means of communication and includes,
but is not limited to, undeveloped photographs, molds, printing plates
or other latent representational objects; or books, newspapers, magazines,
movies, videos, sound recordings, CD-ROMs, digital video discs, other
magnetic media, computers or floppy discs.
Any booth which is designed and is used for presenting or
viewing motion pictures or viewing any material or media by patrons
therein. No more than one person shall occupy a motion picture arcade
booth at any time.
Flagellation or torture by or upon a person clothed or naked,
or the condition of being fettered, bound or otherwise physically
restrained on the part of one so clothed or naked.
A business offering any of the following goods for sale or
rent: adult material or media, sexually-oriented toys or novelties,
lingerie, or leather goods marketed or presented in a context to suggest
their use for sadomasochistic practices.
Instruments, devices or paraphernalia either designed as
representations of human genital organs or female breasts or designed
or marketed primarily for use to stimulate human genital organs.
The area of the human female breast at or below the areola,
human genitals, pubic region, anus or anal cleft or cleavage; the
human male genitals in a discernible turgid state, even if completely
and opaquely covered.
Sexual conduct, actual or simulated; normal or perverted
acts of human masturbation; deviate sexual intercourse; sexual intercourse;
physical contact, in an act of apparent sexual stimulation or gratification,
with a person's clothed or unclothed genitals, pubic area or buttocks,
or the breast of a female; or any sadomasochistic abuse or acts including
animals or any latent objects in an act of apparent sexual stimulation
or gratification, as such terms are defined in the pornography and
related offenses chapter of the Missouri Criminal Code Chapter 573.
The area where a customer would ordinarily be positioned
while watching an exhibition, performance or dance.
[Ord. No. 716, § 1, 10-3-2000]
(a)
It shall be unlawful for any person to operate or maintain entertainment
in the City unless the owner, operator or lessee has obtained from
the City Clerk a license designated as an "adult entertainment license"
or to engage in such entertainment after the license has been revoked
or while the license is suspended.
(b)
It shall be unlawful for any person to work as an entertainer or
manager where there is adult entertainment without having first obtained
an "adult entertainer's permit" or an "adult entertainment manager's
permit," from the City Clerk; or to work as an entertainer or manager
at such business after such person's permit has been revoked or while
such person's permit is suspended.
(c)
It shall be unlawful for any entertainer, employee or manager to
knowingly perform any service or entertainment directly related to
the operation of unlicensed adult entertainment.
[Ord. No. 716, § 1, 10-3-2000]
(a)
The application for a license or permit shall be accompanied by payment
in full of the fee stated in this section, by cash, certified or cashier's
check or money order, and no application shall be considered complete
until the fee is paid. No license or permit fees set forth in this
section shall be prorated, and the fee shall not be refunded under
any circumstances.
(b)
No license issued under this article shall be transferable except
as herein provided:
(1)
In the event of the death of the licensee, the widow or widower
or the next of kin of such deceased licensee, who shall meet the other
requirements of this law, may make application and operation of the
business of the deceased for the remainder of the period for which
a license fee has been paid by the deceased;
(2)
Whenever one or more members of a partnership withdraws from
the partnership, the City, upon being requested, shall permit the
remaining originally licensed partner or partners to continue to operate
for the remainder of the period for which the license fee has been
paid, without obtaining a new license.
(c)
The license or permit year for all fees required for adult entertainment
license or permit shall be from January 1 through December 31:
[Ord. No. 716, § 1, 10-3-2000]
(a)
All adult entertainment businesses shall permit representatives of
the police department, fire department, or any other City official
acting in his or her official capacity to inspect the premises during
normal business hours as necessary to insure the business is complying
with all applicable regulations and laws.
(b)
The City Clerk shall have the power to promulgate regulations as
may be necessary to carry out the duties set forth in this article.
[Ord. No. 716, § 1, 10-3-2000; Ord. No. 794, § 1, 3-16-2004]
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 $150 and not more than $500. Each day's violation of, or failure, refusal, or neglect to comply with, any provision of Article VIII of this chapter shall constitute a separate and distinct offense. The penalties provided in this section are in addition to and separate from any administrative actions by the City Council to suspend, revoke or disapprove renewal of a license or permit issued under this article of this chapter; or to order the closure of any portion of a business containing adult entertainment.
[Ord. No. 716, § 1, 10-3-2000]
(a)
Following the entry of an order by the City Council, suspending or
revoking a license issued pursuant to this article, the licensee,
permittee or applicant may seek judicial review in a manner provided
by law. The City Council may stay enforcement of the order for a period
of time not to exceed 30 days pending the filing and/or final disposition
of proceedings for judicial review.
(b)
Nothing contained in this article shall preclude the informal disposition
of contested cases by stipulation, consent order or default or by
agreed settlement.
[Ord. No. 716, § 1, 10-3-2000]
With or without the issuance of a suspension, revocation, non-renewal,
an administrative written notice and order or the initiation of legal
proceedings in municipal court, the City may apply to the appropriate
court for injunctive relief which would require the correction or
abatement of any violation of this article. The initiation or exhaustion
of one of these enforcement proceedings shall not be a prerequisite
to the initiation of any other of these enforcement proceedings. Different
types of enforcement proceedings may be pursued concurrently.
[Ord. No. 716, § 1, 10-3-2000]
(a)
All applications shall be signed, notarized and submitted to the
City Clerk on a form supplied by the City Clerk. In addition to the
completed application, each applicant; partner if the applicant is
a partnership; all corporate officers and directors, and all shareholders
with greater than a 10% interest; and manager and adult entertainer
shall provide the following to the City Clerk:
(1)
Name, residential address; home telephone number; date and place
of birth; and residential addresses for the five years immediately
prior to the date of application; adult entertainers shall provide
any stage names or nicknames ever used in entertaining;
(2)
The business name, address and the business telephone number
where adult entertainment will occur:
a.
Each adult entertainment license applicant shall also provide
a description of the adult entertainment for which a license is being
sought and the similar business history for the five years immediately
preceding the date of this application for the applicant, all partners,
all corporate officers and directors; and whether any such person
has had a business license revoked or suspended, the reason therefor;
and the activity or occupation subjected to suspension or revocation.
b.
Each manager or adult entertainer applicant shall provide an
intent to hire statement from the facility having a license for adult
entertainment on their premises.
(3)
A statement from each such person that he or she has not been
convicted of, or released from confinement for conviction of any felony,
misdemeanor, ordinance violation or ordinance of this section.
(4)
A full set of fingerprints of each such person shall be taken
by the police department.
(5)
If the adult entertainment license applicant is a corporation
a certificate of good standing issued by the secretary of state not
more than 30 days prior to the submission of the application shall
be submitted.
(6)
Each adult entertainment applicant and manager permit applicant
must be a resident of the City.
(b)
Failure to provide the required information shall constitute an incomplete
application, and the application shall not be processed.
(c)
Within five business days after receiving an application for an adult
entertainment license, manager permit or entertainer permit, the City
Clerk or the Police Chief shall determine whether the application
is complete, pursuant to this section. If the application is not complete,
the City Clerk or the Police Chief shall within five business days
after the determination that the application is not complete notify
the applicant by using first class mail of the deficiencies in the
application.
[Ord. No. 716, § 1, 10-3-2000]
(a)
Within 10 business days after a new application for an adult entertainment
business license is determined by the City Clerk or the Police Chief
to be complete, the City Clerk or the Police Chief shall mail written
notice to applicant and shall have notice published in the local paper
that such applicant has submitted a complete application, and the
published notice shall include the name of the applicant, the type
of adult entertainment for which the license is being sought, and
the location where such adult entertainment shall occur.
(b)
Within 10 business days after the City Clerk or the Police Chief mails such notice and within 10 business days after the first day of publication of the notice in the local paper, any property owners of property within 1,000 feet from the proposed premises, as measured from the property lines of the property where the adult entertainment is to occur, may file with the City Clerk a written request for a hearing before the City Council on whether the applicant has satisfied the criteria set forth in Section 14-157, which request for hearing shall state a reason(s) that a particular criteria has not been satisfied.
(c)
The City Clerk shall, within five business days of receipt of a timely
request, pursuant to paragraph (b), mail a notice of hearing to the
applicant and any property owner requesting the hearing; the notice
shall include the date, time and place for the hearing before the
City Council. The date for the hearing shall be not less than 30 business
days nor more than 40 business days following the determination by
the City Clerk or the Police Chief that the application is complete.
(d)
If a hearing is requested by any property owner entitled to notice under this section, then the City Council shall hear matters raised by those property owner(s) in objection to issuance of the license; the City Clerk may not deny issuance of the license without a finding by the City Council that one or more of the criteria set forth in Section 14-157 has not been satisfied.
[Ord. No. 716, § 1, 10-3-2000]
(a)
The City Clerk, the Police Chief and the zoning officer shall investigate
the application for an adult entertainment license, manager's permit
and entertainer's permit, and if each of the following conditions
is met without exception, the City Clerk shall issue the license authorized
by this article:
(1)
The applicant has not made any false, misleading or fraudulent
statement of material fact in the original or renewal application
of license or permit or in providing the documentation of age;
(2)
Adult entertainment license applicant, applicant's partners,
officers, directors, or any shareholders of applicant with greater
than a 10% interest, and manager permit applicant and entertainer
permit applicant are over 18 years of age;
(3)
Adult entertainment license applicant or manager permit applicant
(and if an individual, applicant's spouse) is current in all taxes,
fees and other amounts due to the City on any account, for any purpose;
(4)
The application is complete and appears to be truthful and accurate;
(5)
The application is accompanied by the required fee;
(6)
The proposed premises are the subject of a zoning determination
or a certificate of legal nonconformance showing that the use of the
premises for the proposed adult entertainment is permitted under the
zoning ordinance; and that the proposed premises meets all other applicable
health, safety, building and fire codes and ordinances of the City;
(7)
The adult entertainment license applicant provides evidence
that the applicant owns the premises or has a lease giving it control
of the premises through the proposed licensing period;
(8)
No adult entertainment license applicant, or any spouse, partner,
officer, director of the applicant, or shareholder with greater than
a 10% interest in applicant; manager or adult entertainer permit applicant
has been convicted of a violation of this article or has had a license
under this article revoked at any time in the five years immediately
preceding the date of application;
(9)
No adult entertainment license applicant, or any spouse, partner,
officer, director of the applicant, or shareholder with greater than
a 10% interest in applicant; manager or adult entertainer permit applicant
has, within the previous 10 years, or in the case of a manager and
entertainer permit applicant, within the previous two years, been
convicted of, or remains under confinement for any felony, misdemeanor,
ordinance violation or municipal ordinance violation involving sexual
offenses, prostitution, sexual abuse of a child or pornography and
related offenses as defined in Missouri Criminal Code Chapters 556
through 600 or similar statues in other states, or controlled substance
or illegal drugs or narcotics offenses as described by City ordinance
or Missouri's comprehensive drug control act.
[Ord. No. 716, § 1, 10-3-2000]
(a)
The application for an adult entertainment license authorized under
this chapter shall be approved or disapproved within 50 business days
from the date of the City Clerk's or the Police Chief's determination
that the application is complete, or in the case of a manager or entertainer
permit applicant, within 30 business days, unless the applicant agrees
in writing to an extension of that time period.
(b)
It shall be the duty of the Police Chief to obtain criminal records
and to investigate other information required in the license or permit
application.
(c)
If a license or permit application is disapproved, the City Clerk
shall notify the applicant in person or by registered or certified
mail to the applicant's last known address and shall state the basis
for such disapproval.
(d)
If within 10 business days after the City Clerk mails notice to the
applicant that the application has been disapproved, the applicant
files with the City Clerk a written request for a hearing to challenge
the disapproval of the application, then the City Clerk shall within
five business days of receipt of a timely request, mail a notice of
hearing to the applicant which shall include the date, time and place
for the hearing. The date for the hearing shall not be less than 30
business days nor more than 40 business days after the filing of the
request for a hearing unless the aggrieved party requesting the hearing
agrees to extend the time for the hearing.
(e)
An applicant for an adult entertainment license or a manager's or
entertainer's permit authorized under this article who is aggrieved
by the decision of the City may seek judicial review in a manner provided
by law.
[Ord. No. 716, § 1, 10-3-2000]
(a)
An adult entertainment business license shall not be issued if one
or more of the following conditions exist:
(1)
The applicant's premises is located within 1,000 feet of any
school, church, public park, hospital, licensed child care center
or property zoned or used for residential purposes, which uses are
located within the City limits. Measurements shall be made from the
main public entrances of such premises by the most direct walking
route.
(2)
The applicant's premises is located within 1,000 feet of any
other adult entertainment business for which there is a currently
issued license. Measurements shall be made from the main public entrances
of such premises by the most direct walking route.
(3)
The applicant knowingly or with reckless disregard, failed to
supply all of the information requested on the application.
(4)
The applicant gave materially false, fraudulent or untruthful
information on the application.
(5)
The applicant's proposed business premises does not comply with
or meet the requirements of the applicable health, zoning, building
code, fire and nuisance ordinances of the City, provided that upon
a showing that the premises meets the requirements and that the applicant
is otherwise qualified, the application shall be eligible for reconsideration.
(6)
The applicant has been convicted of, released from confinement
for conviction of, or suspended imposition or execution of sentence
on or deferred from prosecution on any of the crimes set forth in
this article.
(7)
The applicant has had an adult entertainment license revoked
in this or any other City within the previous five years.
(b)
An application for an adult entertainment business manager or entertainer
permit shall not issue if one or more of the following conditions
exist:
(1)
The employer for whom the applicant intends to work does not
have or is ineligible to receive an adult entertainment business license
for any of the reasons stated in Subsection (a) above;
(2)
The applicant has been convicted of, released from confinement
of, or suspended imposition or execution of sentence on or deferred
from prosecution on any of the crimes set forth in this article.
(3)
The applicant knowingly or with reckless disregard, failed to
supply all of the information requested on the application.
(4)
The applicant gave materially false, fraudulent or untruthful
information on the application.
(5)
The applicant has had an adult entertainment business manager
or entertainer permit revoked in this or any other City within the
previous five years.
[Ord. No. 716, § 1, 10-3-2000]
Every license issued under this article for adult entertainment
shall be posted in a conspicuous place on the premises and every manager
or entertainer permit shall be located on the premises whenever the
manager and entertainer are working on the premises so the license
or permit shall be readily available for inspection by City authorities
responsible for enforcement of this article.
[Ord. No. 716, § 1, 10-3-2000]
It shall be unlawful for any adult entertainment to be conducted
or operated on Sunday. Monday through Saturday, it shall be unlawful
for any adult entertainment to be conducted or operated except between
the hours of 7:00 p.m. to 1:30 a.m.
[Ord. No. 716, § 1, 10-3-2000]
(a)
It is and shall be the affirmative duty of each licensee to:
(1)
Comply with the building codes, zoning, fire, health and property
maintenance ordinances of the City and with regulations of the departments
of the City. Failure to continue compliance with the ordinances or
regulations after written notification of noncompliance has been delivered
to the business by the City may be a basis for suspension, revocation
or non-renewal of the license.
(2)
Allow the business to be open to customers only when there is
a designated manager on duty who is licensed as required under this
article; the name of the manager on duty at any time shall be prominently
displayed at or near the manager's station.
(3)
Insure that all lighting, including theater runway/aisles lighting,
required by this article, actually operates, with working bulbs, turned
on during all hours when the business is open.
(4)
Post and enforce a "no loitering" policy on the business premises,
including parking areas and other exterior parts of the business premises.
(5)
Prevent and insure that no sexual activity takes place on the
business premises, whether in or out of public view.
(6)
Prevent and insure that no prostitution or solicitation for
prostitution takes place on the business premises, whether in or out
of public view.
(7)
Prevent and insure that no gambling takes place on the business
premises.
(8)
Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises unless such premises has been issued such license under Chapter 4 of this Code.
(9)
Prevent persons under 18 years of age, or 21 years of age if
the business sells any type of alcoholic beverage, from entering the
business premises.
(10)
Prevent the display of sexually explicit material in a public
place.
(11)
Prevent and insure any person from engaging in "specified sexual
activities" or causing any bodily discharge of semen while in any
adult entertainment business.
(12)
Allow law officers, code enforcement officers, health officers
or other representatives of the City or other public agencies full
access to the business premises at anytime during business hours for
purposes of inspection to insure compliance with this article and
other applicable laws.
(13)
Insure that doors in adult entertainment facilities are designed
and maintained so that they cannot be locked by customers or otherwise
locked from the inside while the business is open.
(b)
It shall be unlawful for any person to engage in any "specified sexual
activities" including the discharge of semen while in any adult entertainment
business.
(c)
No licensee, employee or agent of a licensee, or permittee of a business
licensed under this chapter shall warn or inform any person on the
business premises of the presence of any City investigator or any
law enforcement officer in connection with the enforcement of the
provisions of this article, by any means, including but not limited
to any electrical, mechanical or other device whether or not the device
is constructed, installed or located on the premises.
(d)
The license and the standards of operation, affirmative duties and
other requirements of this article shall apply to an entire business
operation and its premises, regardless of the fact that some parts
of the business operation, if conducted separately at a different
location, would not be subject to licensing under this article.
(e)
Failure to comply with the requirements of this section and all other
requirements of this article is unlawful and a violation of this article
shall be grounds for suspension, revocation or non-renewal of a license
pursuant to the provisions contained in this article.
[Ord. No. 716, § 1, 10-3-2000]
(a)
The following standards of conduct must be adhered to by employees
of any live adult entertainment business while on the live adult entertainment
business premises:
(1)
Dancing or other live entertainment distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by customers shall take place only in a location and manner meeting all of the following conditions, except those locations as set forth under Chapter 4 of this Code:
a.
In a theater or open room of at least 600 square feet;
b.
On a stage, elevated at least 18 inches above the level on which
patrons sit or stand; and
c.
With a horizontal separation of at least three feet between
the performing area, as defined by the edge of the stage or by a rail
or other physical barrier on the stage, and the nearest space to which
customers shall have access.
(2)
No employee or entertainer shall be unclothed or in less than
opaque and complete attire, costume or clothing so as to not expose
to view any "specified anatomical area" unless separated at least
three feet from the nearest customer.
(4)
No employee or entertainer shall be unclothed or in less than
opaque and complete attire, costume or clothing except in an area
of the business premises not open to customers.
(5)
No employee or entertainer shall knowingly touch any "specified
anatomical area" of another person, or knowingly permit another person
to touch any "specified anatomical area" of the employee or entertainer.
No employee or entertainer shall knowingly fondle or caress any "specified
anatomical area" of another person, whether the area is clothed, unclothed,
covered or exposed, or knowingly permit another person to fondle or
caress any "specified anatomical area" of such employee or entertainer,
whether the "specified anatomical area" is clothed, unclothed, covered
or exposed.
(6)
No employee or entertainer shall wear or use any device or covering
exposed to view which simulates any "specified anatomical area."
(7)
No employee or entertainer shall use artificial devices or inanimate
objects to depict any of the prohibited activities described in this
article.
(8)
No entertainer of any adult live entertainment business shall
be visible from any public place during the hours of his or her employment,
or apparent hours of his or her employment, while the entertainer
is unclothed or in such attire, costume or clothing to expose to view
any "specified anatomical area" or while performing any entertainment.
(9)
No entertainer shall solicit, demand or receive any payment
or gratuity from any customer for any act either prohibited or permitted
by this article.
(10)
No entertainer shall receive any payment or gratuity from any
customer for entertainment, except as follows:
a.
While the entertainer is on stage, a customer may place the
payment or gratuity into a box located between the stage and the horizontal
separation;
b.
While the entertainer is not on the stage and is clothed so
as to not expose to view any specified anatomical area, a customer
may either place the payment or gratuity into the entertainer's hand
or under a leg garter worn by the entertainer at least four inches
below the bottom of the pubic region.
(b)
At any adult live entertainment facility, the following are required:
(1)
A sign on which upper-case letters shall be at least two inches
high and lower-case letters shall be at least one inch high, shall
be conspicuously displayed in the common area at the principal entrance
of the premises and shall read as follows:
ADULT LIVE ENTERTAINMENT ON THIS PREMISES IS REGULATED BY THE
CITY OF BUTLER, ENTERTAINERS ARE:
a.
Not permitted to engage in any type of sexual activities on
the business premises or in prostitution.
b.
Not permitted to be unclothed or in less than opaque or complete
attire, costume or clothing so as to not expose to view any portion
of the breasts below the top of the areola, or any portion of the
pubic region, anus, anal crevice or cleft or genitals; and shall be
separated by at least three feet from the nearest customer and upon
a stage at least 18 inches above the immediate floor level.
c.
Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
(2)
Neither any entertainment nor any photograph, drawing, sketch
or other pictorial or graphic representation displaying any "specified
anatomical area" shall be visible from a public place.
(3)
The premises 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 footcandle as measured
at the floor level, and the illumination must be maintained at all
times that any customer is present in or on the premises.
[Ord. No. 716, § 1, 10-3-2000]
(a)
A manager with a valid permit shall be on duty at all times that
the business is opened, including any time that customers are on the
premises, whether or not any adult entertainment is presently occurring.
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 live entertainment within the premises possesses
a current and valid entertainer's permit and that such permit is posted
in the manner required by this article.
[Ord. No. 716, § 1, 10-3-2000]
(a)
No motion picture, video or other material which is distinguished
or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein for
a fee (whether collected per feature, per unit of time or as a general
admission charge to a facility) shall be shown in any space of less
than 150 square feet.
(b)
This section does not apply to the showing of informational videos
by professionals licensed by the state to clients who pay a fee for
service, where the showing of the videos is incidental to a professional
service and not the subject of separate consideration from the patron.
(c)
All aisles in adult motion picture theaters shall have theater runway/aisle
lighting which illuminates the entire floor surface of the aisle at
a level not less than 0.2 footcandle.
[Ord. No. 716, § 1, 10-3-2000]
(a)
If any motion picture arcade booth exists on a licensed premises,
the licensee and the permittee shall have the following additional
affirmative duties in the operation of the booths:
(1)
Insure that each motion picture arcade booth shall have at least
one side which is completely open to adjacent public rooms or adjacent
hallways and meets all of the following conditions:
a.
The adjacent hallway shall meet the requirements of the City
building code, and the adjacent hallway must serve more than one motion
picture arcade booth;
b.
The open side of each motion picture arcade booth shall be completely
open to adjacent public rooms or hallways, and the open side of each
motion picture arcade booth shall be not less that 30 inches wide
and not less than 84 inches high from the floor of the booth;
c.
The entire floor area of the interior of each motion picture
arcade booth shall have a uniform elevation, and the elevation of
the entire floor area of the interior of each booth shall be uniform
with the floor elevation of adjacent public rooms or hallways;
d.
No furniture of any kind shall be positioned in a booth except
one chair or seating platform meeting the requirements of this section;
e.
A chair or seating platform in the movie arcade booth shall
rest on the floor of the booth, and the surface of the seat, including
any cushion or other padding on the chair or seating platform, shall
not exceed 18 inches in height from the surface of the floor;
f.
The back rest of any chair or seating platform used in a booth
shall not exceed 36 inches in height from the surface of the floor
nor exceed 18 inches in width;
g.
No chair or seating platform shall be equipped with armrests,
shades, canopies or any other device which obstructs the view of a
person's lap while the person is seated on the chair or seating platform.
(2)
Insure that the visibility from adjacent public rooms or hallways
into each motion picture arcade booth through the open side of the
booth shall not be obstructed by any temporary or permanent curtain,
door, wall, enclosure, chair or other device.
(3)
Insure that the hallways and public rooms adjacent to motion
picture arcade booths shall be illuminated in such a way that the
entire area inside each booth is visible to persons in adjacent public
rooms or hallways. Insure that the illumination level shall be at
a minimum illumination of not less than one footcandle as measured
at the floor level within the booths.
(4)
Insure that no more than one person occupies a motion picture
arcade booth at one time, and if more than one person is found in
a booth, that those persons are immediately escorted from the establishment.
(5)
Insure that there are no openings in the walls between motion
picture arcade booths, and shall include the duty to cover immediately
any opening that is found.
(6)
Insure that there is at least one manager with a valid permit
on duty and situated or walking in the adjacent areas to the motion
picture arcade booths at any time that any booth is occupied.
(7)
Insure that a manager with a valid permit or an employee at
the direction of the manager make a visual inspection of the inside
of each motion picture arcade booth at least once each hour during
the hours of operation and maintain a daily log to record the time,
a description of the conditions found, and the name and signature
of the person who conducted the visual inspection.
(8)
Insure that a manager with a valid permit or an employee at
the direction of the manager can actually see the unobstructed interior
of every motion picture arcade booth from the adjacent public room
or from a hallway accessible to the public. This duty shall include
the duty to remove any obstacle blocking the view, to repair any electronic
device providing such a view and, where the prompt removal or repair
is not possible, to close to public use the affected booth(s) until
full visibility of the interior can be reestablished.
(9)
Insure and prevent any person occupying a motion picture arcade
booth from engaging in any "specified sexual activities" or causing
any bodily discharge of semen, urine or feces while inside the motion
picture arcade booth.
(b)
It shall be unlawful for any person occupying a motion picture arcade
booth to engage in any "specified sexual activities" or to cause any
bodily discharge of semen, urine or feces while inside the motion
picture arcade booth.
[Ord. No. 716, § 1, 10-3-2000]
(a)
Whenever the City Clerk or Police Chief has information that: (1)
a licensee or permittee has violated or knowingly allowed or permitted
the violation of any of the provisions of this article; (2) while
acting as an adult entertainment manager, there have been recurrent
violations of provisions of this article such that the manager knew
or should have known that such violations were committed; (3) a license
or permit received by any person under the provisions of this article
was obtained through false statements in the application for such
license or permit or renewal thereof; (4) a licensee or permittee
under the provisions of this article failed to make a complete disclosure
of all information in the application for the license or permit or
renewal thereof; (5) a licensee has become disqualified from having
a license by a conviction as provided in this article; (6) a permittee
has become disqualified from having a permit by a conviction as provided
in this article; or (7) refusal, without just cause, to permit the
inspection of the premises pursuant to this article, then the City
Clerk shall institute proceedings before the City Council upon 20
days written notice to the person holding the license or permit that
the City Council shall conduct a hearing to ascertain all facts in
the matter to determine whether the license or permit should be revoked,
suspended or not renewed. The City Council shall pass a resolution
setting forth the procedures for the conduct of the hearings. Based
on the evidence produced at the hearing, the City Council may take
any of the following actions:
(1)
Suspend the license or permit for up to 90 days;
(2)
Revoke the license or permit for the remainder of the license
year;
(3)
Place the license or permit holder on administrative probation
for a period of up to one year, on the condition that no further violations
of the 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 or permit shall be revoked for the
remainder of the license year.
[Ord. No. 716, § 1, 10-3-2000]
(a)
An adult entertainment business license, adult entertainer permit
or an adult entertainment manager permit issued under this article
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Renewal applications shall be submitted
60 days prior to the expiration of the license or permit.
(b)
Upon timely application, an adult entertainment business license,
an adult entertainment manager permit and an adult entertainer permit
shall be renewed by issuance of a new license or permit in the manner
provided by this article unless the City Clerk or the Police Chief
disapproves the renewal application as provided by this article. All
requirements per an original application as set forth in this article
shall be applicable for applications for renewal of licenses and permits.
(c)
Upon the filing of a timely application for renewal of a license
or permit issued under the provisions of this article, the City Clerk
shall issue a temporary license or permit to the applicant, with the
license or permit to remain in effect until the City Clerk or the
Police Chief has approved or disapproved the application. If a hearing
is held as required by this article, the temporary license or permit
shall remain in effect until the City Council has issued an order
following the hearing. However, if any hearing required by this article
is delayed at the request of the applicant, the temporary license
or permit shall expire as of the date the hearing was scheduled, unless
the applicant shows good cause for the delay.
(d)
Any applicant issued a temporary license or permit under the provisions
of this section shall be subject to the penalty provisions provided
in this article.
(e)
If the application for renewal of a license or permit is not made
within the time provided in this section, the license or permit shall
expire and the licensee or permittee shall cease those activities
authorized under this article, and the licensee or permittee shall
file a new application and meet all requirements of this article before
engaging in the activities regulated under this article. An application
for renewal filed after the expiration date of the license or permit
shall be treated as a new application.
