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HomeMy WebLinkAbout2001-125 - Addition of Chapter 622 to the Municipal Codei i' BILL NO. 2001- ~~S ORDINANCE NO. 2001- ~~J AN ORDINANCE AMENDING TITLE VI OF THE RIVERSIDE CITY CODE BY ADDING CHAPTER 622 FOR THE REGULATION AND LICENSURE OF ADULT ENTERTAINMENT BUSINESSES WHEREAS, 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 regulated; and WHEREAS, regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred; and WHEREAS, it is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult, and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainers difficult or impossible; and WHEREAS, one of the secondary affects of adult entertainment businesses has been decreased property values in surrounding areas; and WHEREAS, businesses providing adult entertainment are increasingly associated with ongoing prostitution, sexual solicitation, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public peace, health and safety; and WHEREAS, regulation of the adult entertainment industry is necessary to deter prostitution or high-risk sexual conduct that may be associated with adult entertainment facilities and to limit the health hazards of syphilis, gonorrhea, herpes, hepatitis-B and HIV/AIDS that may result; and WHEREAS, it is necessary to have a licensed manager on the premises of establishments offering certain kinds of adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the establishment, including the actions of customers, entertainers and other employees; and WHEREAS, the license and permit fees required in this Article are nominal user fees imposed as necessary regulatory measures designed to help defray the actual expenses incurred by the City in regulating the adult entertainment industry. NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The City Code of the City of Riverside, Missouri is hereby amended by adding to Title VI a new Chapter 622 entitled "Adult Entertainment Businesses" which shall read as follows: CHAPTER 622: ADULT ENTERTAINMENT BUSINESSES SECTION 622.010: DEFINITIONS For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted: ADULT BUSINESS: any business: that has as a significant purpose the sale, barter or rental of merchandise or media that is intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or 2. that has as one of its business purposes: (a) 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 (b) the providing of services that are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas, or allow participation in specified sexual activities. 3. to which the public, patrons or members are invited or admitted, and where "adult entertainment" is provided, including an establishment: (a) with a screen or projection areas, and where a significant portion of its business is the exhibition to patrons of films, videotapes or motion pictures; or (b) where materials are displayed or live performances occur, which are intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 4. where a significant portion of the business is the application of paint or other substance Co or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas. CADocuments and Seuing~sUnisickVI,csul Settings\Tempornry Internet '~ PilesAOLK7AKO?J 1594.DOC Section 1. The City Code of the City of Riverside, Missouri is hereby amended by adding to Title VI a new Chapter 622 entitled "Adult Entertainment Businesses" which shall read as follows: CHAPTER 622: ADULT ENTERTAINMENT BUSINESSES SECTION 622.010: DEFINITIONS For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted: ADULT BUSINESS: any business: that has as a significant purpose the sale, barter or rental of merchandise or media that is intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating Co specified sexual activities or specified anatomical areas; or 2. that has as one of its business purposes: (a) 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 (b) the providing of services that are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas, or allow participation in specified sexual activities. 3. to which the public, patrons or members are invited or admitted, and where "adult entertainment" is provided, including an establishment: (a) with a screen or projection areas, and where a significant portion of its business is the exhibition to patrons of films, videotapes or motion pictures; or (b) where materials are displayed or live performances occur, which are intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 4. where a significant portion of the business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas. C:ADocuments and Scltin~sUrusickVLucul Sc¢ingeA'rcmporary Inmmcl 2 FilesVOLKTK0241594.DOC 5. that provide services including, but not limited to, those related to: (a) a "Bath House," meaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas. (b) an "Adult Motel" meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six hours at a time. 6. The term "adult business" does not include a properly licensed and operating business located in an area other then a residential area which hosts, stages or otherwise offers "Chippendale" evenings or other similar events (including but not limited to the female equivalency of Chippendales) provided such events occur no more often than once per quarter in any calendar year. ADULT ENTERTAINMENT: any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises (i) where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or (ii) if the entertainment involves a person who is in such attire, costume or clothing as to expose specified anatomical areas to view. CONTAGIOUS AND COMMUNICABLE DISEASES: those diseases meeting the definition contained in Section 192.800 of the Missouri Revised Statutes and/or those diseases which are otherwise specifically identified as communicable in the Missouri statutes and regulations. EMPLOYEE: any and all persons, including but not limited to managers, entertainers, servers and independent contractors, who work in or at or render any services related to the operation of an adult business. ENTERTAINER: any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for entertainment. MANAGER: any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity at any adult business. MINOR: any person less than eighteen years of age. OPERATE: to own, conduct or maintain the affairs of an adult business. CVDocumenis and Sclting+VlrusickVLocul ScuinesV'rcmpnruq~ hvcrnct 3 FilesVOLK7AK0241594.DOC PATRON: any person who enters an adult business without regard to whether a purchase is made from the adult business or compensation is paid to the adult business or any employee of the adult business for merchandise, entertainment or service. PERSON. any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized. SERVER: means any person, other than an Entertainer, who serves food or drink at an adult business. SIGNIFICANT PORTION or SIGNIFICANT PURPOSE: means that: 1. twenty-five percent or more of the sales or gross receipts, measured in dollars over any consecutive ninety-day period, are derived from such items or use; 2. twenty-five percent or more of the number of sales transactions, measured over any consecutive ninety-day period, are of such items or use; 3. twenty-five percent or more of the dollar value of all merchandise displayed at any time attributable to such items; 4. twenty-five percent or more of all inventory consists of such items at any time; or 5. ten percent or more of the floor area of the business (not including storerooms, stock areas, bath rooms, basements or any portion of the business not open to the public) devoted to such use or items at any time. SPECIFIED ANATOMICAL AREAS: this term shall mean (1) uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or (2) human male genitals exposed or in a discernibly erect state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: mean sexual conduct, including actual or simulated acts of human masturbation; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires; or any sadomasochistic abuse or acts involving animals or any latent objects or artificial device or inanimate objects in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires. SECTION 622.020: BUSINESS LICENSE REQUIRED FOR ADULT BUSINESS C.ADocumems and SeuingsVhvsickVLocnl Scuings\Te mporury Internet 4 Files\OLKTK0241594. DOC A. It shall be unlawful for any person to: (i) operate or maintain an adult business in the City unless the owner thereof has obtained an adult business license from the City, or (ii) operate such business after such license has been revoked or suspended. B. It is unlawful for any employee or owner to knowingly perform any work, service or entertainment related to the operation of an unlicensed adult business. C. The failure to post an adult business license in the required manner shall be prima facie evidence that an adult business has not obtained its license. In addition, it shall be prima facie evidence Chat any employee or owner who performs any business, service or entertainment in an adult business in which an adult business license is not posted as required had knowledge that such business is not licensed. SECTION 622.030: LICENSE REQUIRED FOR MANAGERS AND ENTERTAINERS It is unlawful for any person to (i) work as an entertainer or manager without first obtaining a license to do so from the City, or (ii) work as an entertainer or manager at an adult business after such person's license to do so has been revoked or suspended. SECTION 622.040: LICENSE, TERM, CLASSIFICATION AND FEES A. Nontransferable; nonrefundable. All licenses shall be issued for a specific location and shall be nontransferable, and license fees shall be nonrefundable. B. Separate licenses. All adult business licenses shall be issued only for the one adult business use listed on the application. Any change in the type of adult business use shall invalidate the adult business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult use. Types of adult business uses include: The sale, barter or rental of merchandise or media intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas. 2. Provision of entertainment where the emphasis is on performances, live or otherwise, Chat depict, portray, exhibit or display specified anatomical areas or specified sexual activities. 3. The provision of services Chat are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas. 4. Provision of "adult entertainment," via screen or projection areas, and where a significant portion of the business is the exhibition to patrons of films, videotapes or motion pictures intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or Q~Documen~s and SeuingsVnisickVLncai Settings\Temporary Internet FilesVOLK7AK02A 159dDOC characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 5. Provision and display of materials, or live performances, intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 6. Application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas. 7. A "Bath House," meaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas. 8. An "Adult Motel" meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six hours at a time. C. Ternz; /payment of fee. The license year for all fees required herein shall be from each January 1 through December 31. The application for a license shall be accompanied by payment in full of the fee by certified or cashier's check or money order, and no application shall be considered complete until such fee is paid. D. Classification; fees. The classification of licenses and fees for each shall be as follows: Adult business license fee is $750.00 per year; 2. Manager's license fee is $100.00 per year; 3. Entertainer's license fee is $100.00 per year. SECTION 622.050: LICENSE APPLICATIONS A. Adult B«siness License. All persons desiring to secure a license to operate an adult business shall make a verified application with the City Clerk which shall be submitted simultaneously with the application for special use permit. All applications shall be submitted in Che name of the person(s) who owns the adult business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its president If the applicant is a CADowmenls and SettingsVIrusickVI,~xal Settings\Tempnruy huemel Files\OLK7\K0241594.DOC partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The City Clerk may require proof of authorization before accepting an application. All applications shall be submitted o^ a form supplied by the City Clerk and shall require all o: the following information: The name, residence address, home telephone number, occupation and date and place of birth of the applicant. 2. The fingerprints and two (2) portrait photographs which are at least two(2) inches by two (2) inches of the applicant. 3. The tax identification number and registered agent if the owner is not an individual. 4. The name of the adult business, a description of the type of adult business to be performed on the licensed premises, and the name of the owner of the premises where the adult business will be located. 5. The names, residence addresses, and dates of births of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited ]iability company, the same information for all officers and directors and stockholders and members who own, directly or indirectly, a 25% or more interest in the entity; and if the owner is another type of entity, the same information for all persons who own, directly or indirectly, a 25% or more interest in such entity. 6. A statement from the applicant as to whether the applicant, or any officer, manager, director, stockholder, partner, member or other person who owns a 25% or more interest, directly or indirectly, in such entity has had an adult business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation. 7. A statement from the applicant, each partner, member, stockholder and other owner and/or each manager, officer and director that each such person has not been convicted of, or released from confinement for conviction of: (i) any felony or misdemeanor within, whichever event is later, two (2) years immediately preceding the application or five (5) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri statutes or municipal ordinances; or (ii) a municipal ordinance violation within two (2) years immediately preceding the application where such municipal C:ADocumcnts and ScuingsVInaickVLuad SeuinesCfemporiry Inlcnlcl FilesVOLKTKO?41594.DOC ordinance violation involved sexual offenses, public indecency, prostitution or sale of controlled substances or illegal drugs or narcotics. 8. 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 found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement. For each person who is employed, the above described health certificate shall be submitted to the City Clerk within 48 hours of the time such person begins employment. 9. If the applicant is required to be registered with the State, a current certificate of registration issued by the Missouri Secretary of State. 10. A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this ordinance regulating adult businesses. Failure to provide the information and documentation required herein shall constitute an incomplete application. The City Clerk shall notify the applicant whether or not the application is complete within fifteen (15) working days of the date the application is received by the City Clerk. B. Maria~er or Entertainer- License. All persons desiring to secure a license to be a manager or entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be a manager or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information: The applicant's name, home address, home telephone number, date and place of birth and any stage names or nicknames used in entertaining. 2. The fingerprints and two (2) portrait photographs which are at least two (2) inches by two (2) inches of the applicant. 3. The name and address of each adult business where the applicant intends to work as a manager or entertainer. 4. A statement from the applicant that Che applicant has not been convicted of, or released from confinement for conviction of: (i) any felony or misdemeanor, within, whichever event is later, two (2) years immediately preceding the application or five (5) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics CADoaiments and SettingsVIrusickVLucal Settings\Tempnrary Interne( 8 FilesVOLKTK02415)-0.DOC offenses as defined in the Missouri statutes or municipal ordinances, or (ii) a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, public indecency, prostitution or sale of controlled substances or illegal drugs or narcotics. 5. The applicant shall present to the City Clerk, who shall copy, documentation that the applicant has attained the age of 18 years at the time the application is submitted. 6. Failure to provide the information required herein shall constitute an incomplete application. The City Clerk shall notify the applicant whither or not the application is complete within fifteen (IS) working days of the date the application was received by the City Clerk. C. Application processing. Upon receipt of a completed application for an adult business, manager or entertainer license, the City Clerk shall immediately transmit one copy of the application to the Chief of Police for investigation of the applicant and application. In addition, the City Clerk shall transmit a copy of each application for an adult business license to the Building Inspector and the Fire Inspector. The Chief of Police shall report the results of the investigation to the City Clerk not later than fifteen (15) working days from the date the application is forwarded to the Chief of Police. The Building Inspector and the Fire Inspector shall inspect the structure where the adult business will be conducted for compliance with the requirements and standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Building Inspector and the Fire Inspector shall report the results of their investigation to the City Clerk not later than fifteen (15) working days `rom the date the application is forwarded to such party. Upon receipt of the reports from the Chief of Police, the Building Inspector and the Fire Inspector, the City Clerk shall schedule the application for consideration by the Board of Aldermen at the earliest meeting consistent with the notification requirements established by law, provided the license application for manager or entertainer license shall be approved or disapproved within sixty (60) days from the date the completed application is received by the City Clerk. The applicant shall be notified in writing of the date when the Board of Aldermen will consider the application and shall be afforded an opportunity to be heard at that meeting. SECTION 622.060: EXAMINATION OF APPLICATION; ISSUANCE OF LICENSE; DISAPPROVAL A. Review. The Board of Aldermen, or its appointee or appointed committee authorized by ordinance, shall examine an application for an adult business license, or a manager or entertainer license and shall approve the issuance of a license only if the appropriate license fee has been paid, applicant is qualified, and all the applicable requirements set forth herein are met. No license shall be C:ADocmnems and SettingsVlnisickVLocul ScuingsV'Pemporuy lntemet 9 FilesVOLK7AK02415'J4.D0C' approved for any person ineligible pursuant to the provisions herein. All incomplete applications shall be denied. B. Issuance. The record of the Board of Aldermen shall show the action taken on the application, and if the license is granted, the Board of Aldermen shall direct the City Clerk to issue the proper license. The adult business license and all manager and entertainer licenses shall state that it is not transferable to other persons or entities and the calendar year for which it is issued. C. Disapproval. If an application for a license is disapproved, the applicant shall be immediately notified by registered, or certified mail to the applicant's last known address, and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in the Platte County District court in a manner provided by law. SECTION 622.070: LICENSE -INELIGIBILITY AND DISQUALIFICATION A. A person is not eligible for, and no license shall be issued thereto, an adult business license if one or more of the following conditions exist: 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 knowingly gave materially false, fraudulent or untruthful information on the application; 4. The applicant has been convicted or released from incarceratior~ for conviction of any of the crimes set forth in Section 622.050(A)(6) or Section 622.050(B)(3) during the time period set forth therein; 5. The applicant has had an adult business license or comparable license revoked or suspended in this or any other City during the past five (5) years; or 6. If the applicant is applying for a license to operate a bath house or body painting studio and applicant has not produced a health certificate as required herein for al] persons working on the premises. B. A person is not eligible for, and no license shall be issued thereto, an entertainer or manager license if one or more of the following conditions exist: The adult business where the manager or entertainer will perform services does not have an adult business license; C:ADocumwls and ServingsVIrusiekVLocal ScuingsVTcmporary Imcrnct I FilesVOLK7AK0241S94.DOC 2. The applicant has been convicted or released from incarceration for conviction of any of the crimes get forth herein during the time period met forth herein; 3. The applicant knowingly failed to provide all of the information required on the application; 4. The applicant knowingly gave materially false, fraudulenC or untru'hful information on the application; 5. The applicant has had a manager or entertainer license revoked or suspended in this or any other City during the past five (5) years; or 6. The applicant is applying for a license for a manager or entertainer in a bath house or body painting studio and has not produced a health certificate as required herein. SECTION 622.080: STANDARDS OF CONDUCT The following standards of conduct shall be adhered to by all adult businesses, their employees and all patrons of adult businesses, while on or about the premises of the business. A. Ideratificatio~t cards. Any and all managers and entertainers shall, at all times when working in an adult business, have in their possession a valid identification card issued by the City, bearing the permit number, the employee's physical description and a photograph of such employee. such identification cards shall be laminated to prevent alteration. B. Age restrictio~i. Only persons eighteen (18) years of age or older shall be permitted in the premises of any adult entertainment business. C. Exterior observation. The premises of all adult businesses will be so constructed as to insure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building. D. Exterior Display. No adult business will be conducted in any manner that permits the observation of live performers engaged in any adult entertainment including but not limited to an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas from any exterior source by display, decoration, sign, show window or other opening. E. Ni~diry prohibited. No nudity shall be allowed and any such nudity, as defined by Code Section 210.470(2), is unlawful according to such Code Section. CVDottnnents miA ScuingsAInislckVLucal Sc~tingsV~fcmpurury Inlcmct I 1 FilesVOI,K7AK024159d.DOC F. Certain Acts Prohibited. No employee, entertainer, patron or any other person shall perform any specified sexual activities, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities or participate in any act of prostitution as prohibited by state law or municipal ordinance while on the premises of an adult business. 2. No employee, entertainer, patron or any other person while on the premises of an adult business shall knowingly touch, fondle or caress any specified anatomical area of another person, or simulate such action or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, patron or other person, or simulate such action, whether such specified anatomical areas are clothed, unclothed, covered or exposed. 3. No employee of an adult business shall be visible from the exterior cf the adult business while such person is nude or unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area. 4. No entertainer shall solicit, demand or receive any payment or gratuity from any patron or any other person for any act prohibited and no entertainer shall receive any payment or gratuity from any patron for any entertainment except as follows: (a) While such entertainer is on the stage a patron may place such payment or gratuity upon the stage or into the dancer's hand; or (b) While such entertainer is not on the stage but while on the premises of an adult business and is clothed so as to not expose to view any specified anatomical area, a patron may either place such payment or gratuity into the entertainer's hand, or under a leg garter worn by such entertainer at least four (4) inches below the bottom of the pubic region. 5. No owner, manager or other person in charge of the premises of an adult business shall: (a) permit alcoholic liquor or cereal malt beverages to be unlawfully brought upon or consumed on the premises; (b) knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises; (c) knowingly allow or permit any person under the age of eighteen (18) to be in or upon the premises; C:ADowments and SeuingsUnisickVLocal Scuings'\1'empomry Imerne~ 12, FilesVOLK7AK0241594.DOC (d) knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, as prohibited by state law or municipal ordinance; or (e) knowingly allow or permit a violation of this ordinance or any other City ordinance provision or state law. G. Signs required. All adult entertainment businesses that provide live entertainment shall conspicuously display in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one inch high, which shall read as follows: THIS ADU/.T h;NTERTAINM@'NT BUSINESS /S REGUTATF.D AND /,/CF.N.SE'D BY THE C/TY OF RlVF,'RS/DE ENTERTAINERS ARF.': • Not permitted to engage in nny type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or Louth the breasts, pubic region, butocks or genitals of said entertainer. • Not permi«ed to be node, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the arcola, or any portion of fhc pubic region, buttocks and/or genitals. Not permitted to demand or collect any payment or gratuity Gom any customer for entertainment, except us follows: While such entertainer is on the stage, by placing such payment on the Stage or in the entertainer's hand, or While such entertainer is not on the stage, by either placing such payment or gratuity into [he entertainer's hand, or under the entertainer's leg garter. CUSTOM/iRS ARF.: • Not permitted to be upon the stage .« any time. • Nol permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, entertainer or patron or engage in solicitwion for prostitution. H. Lighting required. The premises of all adult businesses shall be equipped with overhead lighting of every place to which customers are permitted access, ~t an illumination of not less than one footcandle, as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises. Closed /~ooths or- roon/s prohibited. The premises of all adult businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever. J. Ventilation m!d sanitation requirements. The premises of all adult businesses shall be kept in a sanitary condition. Except as otherwise provided herein, C:~ocuments and SettingsVIrusickVLocal Se«ingsV'remportry Internet 1 3 rilcslOLK7AK0241594.DOC separate dressing rooms and rest rooms for men and women shall at all times be maintained and kept in a sanitary condition. K. Hours of operation. No adult business may be open or in use between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday when the business may not be open between the hours of 2:00 a.m. and 12:00 noon. L. Facilities necessary. No adult business license to conduct a bath house or oody painting studio shall be issued unless an inspection by Che Health Inspector or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements: The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No activity related to an adult business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked. 2. Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. 3. Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. The Health Inspector shall certify that the proposed business establishment complies with all of the requirements of this section and shall give or send such certification to the City Clerk. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate City official may recommend the issuance of a license contingent upon the compliance with any requirements in this section. C:ADocumen[s and SettingsVInisickV,ucal ScuinesA'fe mpor;u~)' Inlerne~ 14 FilesVOLK7AK(Y241593.DOC SECTION 622.090: LICENSE -POSTING OR DISPLAY A. Business lrcense. Every person licensed as an adult business shall post such license in a conspicuous place and manner on the adult business premises. B. Manager or entertainer license. Every person holding a manager or entertainer license shall post his or her license in his or her work area on the adult business premises so it shall be readily available for inspection by City authorities responsible for enforcement of this ordinance. SECTION 622.100: MANAGER ON PREMISES A. General. A manager shall be on duty at all adult businesses at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours. B. Duties. It shall be the responsibility of the manager to verify that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license and that such licenses are prominently posted. It shall also be the responsibility of the manager to insure minors do not enter upon the premises of an adult entertainment business. SECTION 622.110: INSPECTORS AND INSPECTIONS All adult businesses shall permit representatives of the police department or any other City official acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws. SECTION 622.120: SUSPENSION, REVOCATION, OR NONRENEWAL OF LICENSE Whenever the City Clerk has information that: The owner of an adult business or a holder of a manager or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this ordinance or any other ordinance of the Code of General Ordinances; or 2. There have been recurrent violations of provisions of this ordinance that have occurred under such circumstances that the owner of an adult business knew or should have known that such violations were committed; or 3. The adult business license or the manager or entertainer license was knowingly obtained through false statements in the application for such license, or renewal thereof; or C:ADocuments and SeLLingsVInisicAVLond ServingsV'rcmpumry Intemel I Piles\O LK7\K034159A. UOC 4. The adult business licensee or the manager or entertainer licensee knowingly failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or 5. The owner or any partner, member, manager, stockholder or other person owning an interest in the adult business or any officer or director holding an adult business license has become disqualified from having a license by a conviction as provided herein; or 6. If the holder of a manager or entertainer license has become disqualified from having a license by a conviction as provided herein, or 7. The adult business for which the license of the manager or entertainer is issued has been suspended or revoked, then the City Clerk shall make this information known to the Board of Aldermen, which, upon five (5) day's written notice to the person holding the license, shall conduct a public hearing to determine whether the license should be suspended or revoked. The Board of Aldermen may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Board of Aldermen may take any of the following actions: Suspend the license for up to ninety (90) days; 2. Revoke the license for the remainder of the license year; 3. Place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the ordinance occur during the period of probation. if a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year; or 4. Terminate the license. SECTION 622.130: RENEWAL A. A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between December 16 and December 31. B. Upon timely application and review as provided for a new license, a license issued under the provisions of this ordinance shall be renewed by issuance of a new license in the manner provided herein. C. If the application for renewal of a license is not made during the time provided herein, the expiration of such license shall not be affected, and a new application shall be required. C:ADocumcn~c and ScuingsVInisickVLoaJ Scuings\Tcmpor~ry Internet I FilesVOI,K7\K024159J.DOC SECTION 622.140: PENALTY It shall be unlawful for any person to violate any of the provisions of this ordinance. Upon conviction thereof, such person shall be fined not less than $25.00 nor more than $500.00, or be punished by incarceration for up to three (3) months, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this ordinance shall constitute a separate and distinct offense. SECTION 622.150: REGULATIONS The City Clerk shall have the power to promulgate regulations as may be necessary and feasible for the carrying out at the duties of his/her office and which are not inconsistent with the provisions of this ordinance. Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 3. This Ordinance shall become effective immediately upon final passage and approval by the Mayor. Passed this day of November, 2001. ~~ cL i ~.~t^~eiv Mayor C:ADottnnenis and SettingsVIrusickVLord SettingsV're mparuq' Intcmcl 1 ~] FilesVOLK7AK0241594DOC CITY OP RIVERSIDE, MISSOURI APPLICATION FOR ADULT BUSINESS LICENSE Submit in Duplicate Name of Applicant: 2. If not an individual, naive of contact person: 3. Address: 4. Telephone: 5. If applicant is individual, current occupation: 6. Date and Place of Birth: 7. If applicant is not an individual, Federal Employer Identification Number or other Tax Identification Number: 8. Proposed Name of Adult Business: 9. Type of Adult Business Use (check only one): a. The sale, barter or rental of merchandise or media intended for use in comiection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas. b. Provision of entertaimnent where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities. c. The provision of services that are intended to provide sexual stimulation or gratification or that allow observation of specif ed sexual activities or specified anatomical areas. d. Provision of "adult entertaimnent," via screen or projection areas, and where a significant portion of the business is the exhibition to patrons of films, videotapes or motion pictures intended to provide sexual stimulation or sexual gratii~lcation to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. e. Provision and display of materials, or live performances, intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting describing or relating to specif ed sexual activities or specified anatomical areas. f. Application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas. g. A "Bath House," meaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas. h. An "Adult Motel" meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activiries or specified anatomical areas and which rents room accommodations for less than six hours at a time. l 0. Owner of Premises where adult business will be located: l l . List the Names, Residence Addresses and Dates of Bu-th of: (a) If a partnership or limited liability partnership, all partners (attach additional pages iJ~necessary): (b) If a corporation, limited liability cornpauy or other entity, list all officers and directors, and list all stockholders or members who own, directly or indirectly, 25% or more interest in the entity (attach additional pages if necessary): QVDonunenis and SettingsVIrusickVLoeal Settings\Tcmporaq~ Internet FilesVOLKTK0252897.DOC 12. Provide a written statement from the applicant as to whether the applicant, or any officer, manager or director thereof, or any stockholder, partner, member or other person who owns a 25% or more interest, directly or indirectly, in such entity has had an adult business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation. l3. Provide a written statement from the applicant, each partner, member, stockholder and other owner and/or each manager, officer and director which states that each such person has not been convicted of, or released from confinement for conviction of: (i) any felony or misdemeanor withal, whichever event is later, two (2) years immediately preceding the application or five (5) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or ponlography 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 preceding the application where such municipal ordinance violation involved sexual offenses, public indecency, prostitution or sale of controlled substances or illegal drugs or narcotics. 14. If the application is for an adult business use listed in 9(g) or 9(h) above, please provide for each employee, a health certificate from a duly licensed Missouri physician stating that within 90 days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease as defined herein. Please note that this shall be a continuing requirement. For each person who is employed, the above described health certificate shall be submitted to the City Clerk within 48 hours of the time such person begins employment 15. If the applicant is a corporation, limited liability company or other entity which is required to register with the State of Missouri, please provide a certificate of good standing from the Secretary of State. 16. Provide completed fingerprint cards, with fingerprints provided before and witnessed by the Riverside Public Safety Department, as evidenced by the signature of an officer of the QU)ocumcnls and ScltingsHmsick~Local Seflings~Lcmporary Lncmct FilesVOLKTK02~2897.DOC Public Safety Department, for each of the persons listed in Section 11 and any additional pages thereto. 17. Provide two (2) portrait photographs which are at least two(2) inches by two (2) inches of each of the persons listed in Section 1 I and any additional pages thereto. I HEREBY STATE, ACKNOWLEDGE AND AFFIRM THAT I HAVE PERSONAL KNOWLEDGE OF THE INFORMATION CONTAINED 1N THE APPLICATION AND THAT THE INFORMATION CONTAINED THEREIN IS TRUE AND CORRECT AND THAT THE I NAVE READ THE PROVISIONS OF THE CITY CODE PROVISIONS REGULATING ADULT BUSINESSES. Signature of applicant or, if not an individual, signature of president of corporation, partner of partnership, member of LLC or authorized agent of other entity Date * * ~ FOR USE BY CITY ONLY-PLEASE DO NOT MARK BELOW THIS LINE DATE RECEIVED: FEE PAID: SPECIAL USE PERMIT APP.? YES or NO FINGERPRINTS? YES or NO DATE OF COPY TO PUB. SAFETY DATE OF COPY TO BLDG INSPEC DATE OF COPY TO FIRE DEPT DATE ALL REPORTS RECD DATE TO BOARD PHO"I'OS? YES or NO C:,Documen~s and Sevings'JnisiekVLocal scuings`,Temporary Iniemet Filcs':OLK7AK02S2897.UOC ~ CITY OF RIVERSIDE, MISSOURI APPLICATION FOR ADULT BUSINESS MANAGER OR ENTERTAINER LICENSE Subr~tit iii Duplicate MANAGER ENTERTAINER Name of Applicant: 2. Address: 3. 'T'elephone: 4. Date and Place of Birth: 5. All Stage Names or Nicknames which applicant has used in entertaining: 6. Name and Address of each adult business at which applicant intends to work: 7. I HEREBY ASSERT, ACKNOWELDGE AND CONFRIM, as evidenced by my signature below, that I have not been convicted of, or released from confinement for conviction of: (i) any felony or misdemeanor, within, whichever event is later, two (2) years immediately preceding the application or five (5) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri statutes or municipal ordinances, or (ii) a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, public indecency, prostitution or sale of controlled substances or illegal drugs or narcotics. 8. Provide documentation which evidences that applicant has attained the age of eighteen (18) years prior to or at the date of this application. 9. Provide completed fingerprint card, with fingerprints provided before and witnessed by the Riverside Public Safety Department, as evidenced by Che signature of an officer thereof. 10. Provide two (2) portrait photographs which are at least two(2) inches by two (2) inches of the applicant. I HEREBY STATE, ACKNOWLEDGE AND AFFIRM THAT I HAVE PERSONAL KNOWLEDGE OF THE INFORMATION CONTAINED IN THE APPLICATION AND THAT THE INFORMATION CONTAINED THEREIN IS TRUE AND CORRECT AND THAT THE I HAVE READ THE PROVISIONS OF THE CITY CODE PROVISIONS REGULATING ADULT BUSINESSES. Signature of applicant Date x k FOR USE BY CITY ONLY-PLEASE DO NOT MARK BELOW THIS LINE DATE RECEIVED: FEE PAID: DATE OF COPY TO PUB. SAFETY DATE REPORTS RECD COPY OF PHOTO Ill'? YES or NO FINGERPRINTS? YES or NO DATE TO BOARD PHOTOS? YES or NO CVDocuments and SettingsVI nisickVLucal Scl~ings'V'fc ntporup~ Inlcntcl PilcaAOLK7AKU252907.DOC CITY OF RIVERSIDE, MISSOURI APPLICATION FOR ADULT BUSINESS LICENSE revised January 16, 2002 Submit in Duplicate 1. Name of Applicant: 2. If not an individual, name of contact person: 3. Address: 4. Telephone: 5. If applicant is individual, current occupation: 6. Date and Place of Birth: 7. If applicant is not an individual, Federal Employer Identification Number or other Tax Identification Number: 8. Proposed Name of Adult Business: 9. Type of Adult Business Use (check only one): a. The sale, barter or rental of merchandise or media intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas. b. 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. c. The provision of services that are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas. d. Provision of "adult entertainment," via screen or projection areas, and where a significant portion of the business is the exhibition to patrons of films, videotapes or motion pictures intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. e. Provision and display of materials, or live performances, intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. f. Application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas. g. A "Bath House," meaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas. h. An "Adult Motel" meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six hours at a time. 10. Owner of Premises where adult business will be located: IMPORTANT: PLEASE ATTACH A COPY OF THE LEASE BE'TVVEEN APPLICANT AND OWNER OF PREMISES 11. List the Names, Residence Addresses and Dates of Birth of: (a) If a partnership or limited liability partnership, all partners (attach additional pages if necessary): C:\Documents and Settings\Irusick\Local Settings\Temporary Interne) FileslOLKTK0252897. DOC 16. Provide completed fingerprint cards, with fingerprints provided before and witnessed by the Riverside Public Safety Department, as evidenced by the signature of an officer of the Public Safety Department, for each of the persons Iisted in Section ll and any additional pages thereto. l7. Provide two (2) portrait photographs which are at Ieast two(2) inches by two (2j inches of each of the persons listed in Section i l and any additional pages thereto. I HEREBY STATE, ACKNOWLEDGE AND AFFIKM THAT I HAVE PERSONAL KNOWLEDGE OF THE INFORMATION CONTAINED IN THE APPLICATION AND THAT THE INFORMATION CONTAINED THEREIN IS TRUE AND COKRECT AND THAT THE I HAVE READ THE PROVISIONS OF THE CITY CODE PROVISIONS REGULATING ADULT BUSINESSES. Signature of applicant or, if not an individual, signature of president of corporation, partner of partnership, member of LLC or authorized agent of other entity Date a: ~: u :I: a: ~ ~: FOR USE BY CITY ONLY-PLEASE DO NOT MARK BELOW THIS LINE DATE RECEIVED: FEE PAID: DATE OF COPY TO PliB. SAFETY DATE OF COPY TO BLDG II`'SPEC DATE OF COPY TO FIRE DEPT SPECIAL L'SE PERMIT APP.? YES or NO FINGERPRINTS? YES or NO PHOTOS? YES or NO DATE ALL REPORTS RECD DATE TO BOARD LEASE? YES or NO CtlDocuments and Se[lingsllrusick\Local SettingslTemporary Internet Pi Ies10LK 71K0252897.DOC CITY OF RIVERSIDE, MISSOURI APPLICATION FOR ADULT BUSINESS MANAGER OR ENTERTAINER LICENSE revised January 16, 2002 Submit in D~splirate MANAGER ENTERTAINER i~Iame of Applicant: 2. Address: 3. Telephone: 4. Date and Place of Birth: 5. All Stage Names or Nicknames which applicant has used in entertaining: 6. Name and Address of each adult business at which applicant intends to work: 7. If applicant now holds or in the past five (5) years has held an adult business entertainer license or a similar license in any other city, town, county or other jurisdiction, provide the name of the jurisdiction and the period for which the license has been or was held (attach additional pages if necessary): IMPORTANT: IN ADDITION, PLEASE ATTACH TO THIS APPLICATION A COPY OF ANY LICENSE LISTED IMMEDIATELY AI30VE. 8. I HEREBY ASSERT, ACKNOWELDGE AND CONFRIM, as evidenced by my signature below, that I have not been convicted of, or released from confinement for conviction of: (i) any felony or misdemeanor, within, whichever event is later, two (2) years immediately preceding the application or five (~) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drubs or narcotics offenses as defined in the Missouri statutes or municipal ordinances, or (ii) a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, public indecency, prostitution or sale of controlled substances or illegal drugs or narcotics. 9. Provide documentation which evidences that applicant has attained the age of eighteen (18) years prior to or at the date of this application. 10. Provide completed fingerprint card, with fingerprints provided before and witnessed by the Riverside Public Safety Department, as evidenced by the signature of an ofilcer thereof. 1 i. Provide two (2) portrait photographs which are at least two(2) inches by two (2) inches of the applicant. I HEREBY STATE, ACKNOWLEDGE AND AFFIRM THAT I HAVE PERSONAL kNOWLEDGE OF THE INFORMATION CONTAINED IN THE APPLICATION AND THAT THE INFORMATION CONTAINED THEREIN IS TRUE AND CORRECT AND THAT THE I HAVE READ THE PROVISIONS OF THE CITY CODE PROVISIONS REGULATING ADliLT BUSINESSES. Signature of applicant Date N~ X ~ ~: 4: ~ ~ ~= FOR USE BY CITY ONLY-PLEASE DO NOT MARK BELOW THIS LINE DATE RECEIVED: DATE OF COPY TO PUB. SAFETY FEE PAID: COPY OF PHOTO ID? YES or NO FINGERPRINTS? YF_S or NO DATE REPORTS RECD DATE TO BOARD PHOTOS? YES or NO ATTACHED LICENSES? YES or NO C:\DocumenLS and Sellingsll rusick\Locul SeuingslTemporery Internet Filesl0 LK71K025290J2. DOC