HomeMy WebLinkAbout2002-019 - Amendments to Section 622.050 and 622.070 of the Municipal CodeI3II.L NO. 2002- ='`0~ ORDW~INCE NU. 2002- ~
AN ORDINANCE AMIJNDING TITLE VI OF THE RIVERSIDE, CI"I'Y COUE BY
AMF,NDING SUCTIONS 622.00 AND 622.070 RELATED TO TIIE REGULATION
AND LICENSURE OF ADULT ENTER"CAINMENT BUSINESSES
WI[ERE~1S. certain conduct occurring on premises offering adult entertainment is
detrimental to the public health, safety and general welfare of the citizens of the City. and.
therefore, such conduct must be re~~ulated: and
WIIF:REAS, the City has enacted certain Cite Codc provisions intended to properly
regulate such conduct; and
WI [EREAS, it is necessary to license businesses. managers and entertainers in the adult
entertainment industre to prevent the exploitation of minors. to ensure that each such entertainer
is an adult. and to cusure that such entertainers ha~~e not assumed a l~ilse name, which would
make re~~ulation of the cntcrtaincrs difficult or impossible: and
WHI:RE~1S. businesses providing adult entertainment may be associated with
prostitution. sexual solicitation, disruptive conduct and other criminal acti~~ity which is currently
not subject to effective regulation and ~-~-hich constitutes an immediate threat to the public peace.
health and safety: and
WI IEREAS. it is necessary to have a licensed manager on the premises of establishments
offcrin~~ certain kinds of adult entertainment at such times as such establishments arc offerin~~
adult entertainment so that there ~~-ill at all necessary times be an individual responsible for the
overall operation of the establishment. including the actions of customers. entertainers aad other
emplo}~ees; and
WI1[:KLAS, the Cite desires to ensure that its Code provisions provide adequate
protections and are drafted so as to provide clear and complete procedures and guidelines for the
license of adult businesses adult cntcrtaincrs and adult business managers.
NOS', h[IERI~PORE. be it ordained by the Board of Aldermen of the Ciri of Riverside.
Missouri. as follows:
Section 1. ~I~hc City Code of the City of Riverside. Missouri is hcreb}~ modilied by amending
Section 622.0~0(A). which hereafter shall read as lollows:
SECTION 622.00: LICENSE APPLIC.1"PIONS
;~. _1di~ll Btisines~s License. All persons desiring to secure a license to uperate an
adult business shall mal:c a verilied application with the Cite Clerl: which shall he
submitted sinuihancously with the application Ibr special use permit All
applications shall be submitted in the name of the person(s) who owns the adult
business The application shall be signed by the applicant [f the applicant is a
corporation, the application shall be signed b} its president If the applicant is a
partnership. the application shall be signed b}~ a partner. In all other instances
~yhere the owner is not an individual. ~~yherc applicable. the application shall be
signed b_v an authorized representative of the owner. ~I~hc City Clerk may require
proof of authorization before accepting an application. All applications shall be
submitted on a form supplied by the City Clerk and shall require all of the
followin~a information:
~I~hc name, residence address. home telephone number. occupation and
date and place of birth of the applicant.
?. The tingerprints and two (2) portrait photographs ~~°hich arc at least two
(2) inches b} two (2) inches of the applicant.
>. The tax identification number. state ul~ incorporatio^ or organization. and
the registered agent if the o~~°ner is not an individual.
~4. The name of the adult business. a descriptio^ 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.
i. The names, residence addresses and dates of births of all partners. if the
applicant is a partnership or limited liabilit}° partnership: and if the
applicant is a corporation or limned liability company. the same
information for all officers and for all directors. and (or all stockholders
and members who own, directly or indirectly, a 2~% or more interest in
the entity: and if the owner is another type of entit}~, the same information
for all persons who own, dircctl}~ or indirectly. a 2~°/~ or more interest in
such entity. For purposes of this Chapter 6?2. such partners, officers.
directors, stockholders, members and/or direct or indirect o~yners arc
referred to as a "Ke}~ Individual's or. collectiyel}•, as "Ke} Individuals."
G. II the applicant does not o~yn the premises for ~~hich the license is sought.
a copy o['the ~yrittcn lease agreement thereon for the period for ~yhich the
license is to be issued and the names, residence addresses. and dates of
births of all owners and all partners. if the o~yncr is a parlllership or
limited liabilit}' partnership: and if the o~yner is a corporation or limited
liability company. the same information for all officers and for all
directors. and for all stockholders and members ~yho o~yn. directly or
indirectly, a ?~% or more interest in the entity: and if the o~yner is another
type of artily. the same information for all persons who own. directly or
indirectl_y_ a 2~% or more interest in such entity. For purposes of this
Chapter 6??, the o~yncr(s) of such premises shall be deemed a Kcy
Individual(s) if the payments under the lease arc based upon the receipts.
revenue or profits of the adult business or otherwise provide the owner(s)
~yith an economic interest in the adult business.
i ci ire is ~,i i~r......r ru7n-ein u~~c ~
7. A statement from the applicant as to ~ohcther the applicant or an}~ Kcy
Individual has had an adult business license of an}' t}~pe revoked or
suspended, and if so. the reason for the suspension or revocation and the
business activity subjected to the suspension or revocation.
8. A statement li-om the applicant, the Kev hurry°iduals, and/or each manager,
that each such person has not been convicted o£ or released fi~om
confinement for convictio^ of: (i) any felony or misdemeanor within.
whichever event is later, two (2) years immediately preceding the
application or f3ec (~) years immediately preceding the application where
such felony or misdemeanor involved sexual offenses. prostitution,
indecent exposure. sexual abuse of a child or pornograph}~ or related
offenses. or controlled substances or illegal drugs or narcotics offenses as
defined in the Missouri statutes or municipal ordinances; or (ii) a
municipal ordinance violation within two (2) years immediately precedin~~
the application where such municipal ordinance violation involved scsual
offenses, public indecency. prostitution or sale of controlled substances or
ille~~al drugs or narcotics.
9. On applications requesting a license to operate a bath house or body
painting studio. the applicant shall provide for each employee, a health
certificate from a duly licensed Missouri physician stating that within
ninety (90) days prior thereto, the applicant and all other persons working
on the premises have been examined and lound free of any conta~~ious or
communicable disease as defined herein. This shall be a continuing
requirement. I~or each person who is employed, the above described
health certifiicatc shall be submitted to the City Clerk within d8 hours of
the time such person begins employma~t.
10. [f the applicant is required to be registered with the State, a current
certificate of registration issued by the Missouri Secretary of State.
11. A statement si~~ned under oath that the applicant has personal l:no~ti°Icdge
of the information contained in the application and that the in(~n•mation
contained therein is true and correct and that the applicant has read the
provisions of this ordinance regulating adult businesses.
Failure to provide the information and documentation required herein shall
constitute an incomplete application. The City Clerl: shall notif}~ the applicant
whether or not the application is complete ~~ithin tiftccn (1 ~) working days of the
date the application is received b} the Cite Clerk.
Section ?. ~l~hc Cite Code of the Cite of Riverside. Missouri is hereby modified by amending
Section 6?~.070. which hereafter shall read as Iollo~~s: -
SI~:C"1'10\' 622.070: LICI~;NSE - INI:LIG1131LITY AND DISQI`:1LIFICA"CIOV
I. CLIPAl~ nl lo` ~~~~i ~.~- IJ CO-o In UoC
A. A person is not ~li«ible Coi•. and no liccnsc shall be issued thereto an adult
business license if one or more of the Following conditions gist:
A special use permit for the adult business has not been issued or has been
revoked or suspended:
2. The applicant knowingly failed to supply all of the information requested
on the application_
3. The applicant kno~~~inglti- gave materially false. fraudulent or untruthful
information on the application:
~. The applicant or a Kcy Individual has been convicted or released ii-om
incarceration for conviction of anv of the crimes set forth in Section
62?.0~0(A)(8) or Sectio^ 622.060(f3)(~4) during the time period set forth
thcrcin_
i, hhe applicant or a Kev India-°idual has had an adult business license or
comparable liccnsc revoked or suspended in this or any other City durin~~
the past fire (~) years: or
6. If the applicant is applying for a liccnsc to operate a bath house or bod}°
paintin~~ studio and applicant has not produced a health certificate as
required herein for all persons working on the premises.
B. A person is ^ot eligible for. and no liccnsc shall be issued thereto_ an cntcrtainer
or manager license it one or more of the followin~~ conditions exist:
~fhe adult business ~~~ha~c the manager or cntcrtainer ~~ill perform services
does not have an adult business license:
2. The applicant has bca~ convicted or released from incarceration for
conviction of anv of the crimes set Iorth in Section 62?.0~0(I3)(~) durin~~
the lino period set forth therein:
3. The applicant knowingly failed to provide all of the information required
on the application.
~4. The applicant knowingly ~aa~~e materiall~~ false, fraudulent or unU~uthful
information on the application:
~. hhe applicant has had a manager or entertainer liccnsc revoked or
suspended in this or any other Cite durin~~ the past fi~~e (~) ~~cars or
6. The applicant is applying for a license for a manager or cntcrtainer in a
bath house or bode painting studio and has not produced a health
certificate as required herein.
1. C IJIAlS r,~ PL' uuul- I:u]r,-`~I ~i.Un( -}
Section 3. [f anv section, subsection. subdi~-°ision_ paragraph. sentence, clause or phrase in this
ordinance. or the applicatio^ tha~cuf to au_v circumstances, is for any reason held to be
unconstitutional or invalid or ineffective b}~ any court of competent jurisdiction. such decision
shall not affect the validity or effectiveness of the remainin~~ portions of this ordinance.
Section d. This Ordinance shall become effective immediately upon filnal passage v~d approval
by the Mavor.
Passed this ~ day of February. 2002.
Mavo~
f1~I~~I~F.S;f: ~
l~
CI"fY CL[:RK
J'. CIJI-AlS 6119' 9w~-1- Fo'h-o laJ)(1[