Chapter 56 – Adult Entertainment

(ORD # 12-01) Chapter 56-Adult Entertainment

56.010.   Adult Entertainment.

  1. Declaration of Findings and Policies. The City Council makes findings of fact and declares the policy of the City to be as follows: (a)  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 as provided herein.
    • Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred.
    • 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 entertainer difficult or impossible.
    • It is necessary to have a licensed manager on the premises of establishments offering certain kinds of 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.
    • The license and permit fees required herein are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the City in regulating the adult entertainment industry.
    • Businesses providing adult entertainment are increasingly associated with ongoing prostitution, 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. (g)  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.
  2. Application of Other Provisions.
    • The businesses and activities regulated under this ordinance are subject to the general provisions of the Code of Ordinances of Holden, Missouri, as set forth, now or hereafter amended. In the event of a conflict between the provisions of this ordinance and other parts of the Code, the provisions of this ordinance shall control.
    • The licenses and fees required by this ordinance shall be in addition to any other licenses and fees required by the Code, except that a person issued a license under the provisions of Chapter 50 of the Code, while selling or supplying alcoholic beverages on the premises, shall not be required to obtain a license under the provisions of this ordinance.
  3. For purposes of this ordinance, and unless the context plainly requires otherwise, the following definitions are adopted: (a)  Adult entertainment arcade: an adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area or viewing areas which is/are designed for occupancy by no more than five persons, any live exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
    • Adult cabaret; an adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area which is designed for occupancy by more than five persons, any live exhibition, performance or dance by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
    • Adult entertainment businesses: and adult entertainment arcade or adult cabaret.
    • Adult entertainment facility: any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, or for presenting videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, and including adult cabaret facilities, and adult entertainment arcades (regardless of whether the theater, facility or arcade provides a live presentation, videotape, or film presentation), where the customers either (1) engage in personal contact with, or allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.
    • Adult entertainment facility premises: the bounds of the enclosure of an adult entertainment facility that is licensed, or part of which is licenses, as an adult entertainment business.
    • Customer: any person who;
      • is allowed to enter an adult entertainment business in return for the payment of an admission fee or any other form of consideration or gratuity; or
      • enters an adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
      • is a member of and on the premises of an adult entertainment business operating as a private club.
    • Administrator: the Mayor of the City of Holden, Missouri, or his designee.
    • Employees: any person who renders any service whatsoever to the customers of an adult entertainment business or who works in or about an adult entertainment business and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. This includes managers, entertainers, and independent contractors who work in or at, or render any services directly related to, the operation of an adult entertainment business.
    • Entertainer: any person who provides adult entertainment within an adult entertainment business, whether or not a fee is charged or accepted for entertainment.
    • Entertainment: any exhibition or dance of any type, pantomime, modeling or any other performance.
    • Manager: any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity, including adult entertainment, occurring at any adult entertainment business. (l)  Operator: any person operating, conducting or maintaining an adult entertainment business.
    • Owner or owners: the proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; all members, if a limited liability company or all officers, directors, and persons holding ten percent or more of the outstanding shares, if a corporation.
    • Public place: any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles, whether moving or not.
    • Specified anatomical areas; uncovered or exposed human genitals, pubic region or pubic hair; or the female breast below a point immediately above the top of the areola; or human male genitals in a discernible erect state, even if completely and opaquely covered.
    • Specified sexual activities: sexual conduct, being actual or simulated; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any adomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms as defined in the pornography and related offenses chapter of the Missouri Criminal Code. (q)  Viewing area: the area where a customer or member would ordinarily be positioned while watching an exhibition, performance or dance.
  4. Adult Entertainment Business License.
    • It shall be unlawful for any person to operate or maintain an adult entertainment business in the City unless the owner, operator or lessee thereof has obtained from the Administrator a license to do so, to be designated an “adult entertainment business license,” or while such license is suspended or revoked.
    • It shall be unlawful for any entertainer, employee or manager to knowingly perform any service or entertainment directly related to the operation of an adult entertainment business which is unlicensed or while such business’s license is suspended or revoked.
    • It shall be prima face evidence that any adult entertainment business that fails to have posted, in the manner required by this ordinance, an adult entertainment business license, has not obtained such license or has had its license suspended or revoked. It shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business is which a license is not posted, in the manner required by this ordinance, had knowledge that such business was not licensed or that such business’s license was suspended or revoked.
  5. Adult Entertainment Permit for Managers and Entertainers. It shall be unlawful for any person to work as an entertainer or manager at an adult entertainment business without having first obtained from the Administrator a permit to do so, to be designated as an “adult entertainer’s permit,” or an “adult entertainment manager’s permit,” respectively, or to work as an entertainer or manager at such business while such person’s permit is suspended or revoked.
  6. Licenses and Permits-Classification and Fees.
    • The license or permit year for all fees required under this ordinance shall be from each January 1 through December 31. The application for a license or permit shall be accompanied by payment in full of the fee stated in this section, by certified funds, cashier’s check or money order, and no application shall be considered complete until such fee is paid. Such fee shall not be refunded or prorated under any circumstances.
    • The classification of licenses for an adult entertainment business, and the fees for each, shall be as follows: (1) Adult arcade license-$350.00

(2) Adult cabaret license-$350.00

  • The classification of permits for an adult entertainment business, and the fees for each, shall be as follows:
    • Adult entertainment manager’s permit-$50.00 (2) Adult entertainer’s permit-$25.00              License or Permit Applications.

(a) Adult Entertainment Business License. All applications for an adult entertainment business license shall be submitted in the name of the person proposing to conduct or operate such adult entertainment on the premises and shall be signed by such person and notarized. All applications shall be submitted on a form supplied by the Administrator and shall require the following:

  • The name, residence address, home telephone number, business telephone number, date and place of birth, and social security number of the applicant;
  • The business name, address and telephone number of the establishment;
  • The names, residence addresses, residence telephone numbers, social security numbers and dates of births of all partners, if the applicant is a partnership; if the applicant is a limited liability company, or all members; or if the applicant is a corporation, of all corporate officers and directors;
  • If the applicant is a corporation, the names, residence addresses, social security numbers and dates of birth of all shareholders having a ten percent or greater interest in the corporation;
  • Addresses of the applicant and of all partners, or of all members, or of all corporate officers and directors, for the five years immediately prior to the date of application;
  • A description of the adult entertainment or similar business history of the applicant and of all partners, or of all members, or of all corporate officers, directors, and any shareholder having ten percent or greater ownership interest in the corporation; whether any such person or entity, in previously operating in this or another city, county or state, has had a business or occupational license suspended, revoked, or otherwise disciplined, the reason therefore, and the activity or occupation subjected to such discipline, suspension or revocation;
  • A description of the business, occupation, or employment of the applicant and of all partners, or of all members, or of all corporate officers and directors, for the three years immediately preceding the date of application;
  • A statement from the applicant and from each partner, or from each member, or from each corporate officer, director and any shareholder having ten percent or greater ownership interest in the corporation, that each such person has not been convicted of, or entered a plea of guilty or nolo contendere to, any felony, misdemeanor or municipal ordinance violation listed in Section 8 (a) of this ordinance, during the respective time periods provided in that section;
  • A photograph, to be taken by the Administrator, of the applicant and of all partners, or of all members, or of all corporate officers and directors;
  • If the applicant is a corporation, a current certificate of good

standing issued by the Missouri Secretary of State;

  • A verification from the applicant, from each partner, from each member and from each corporate officer, director and any shareholder having ten percent or greater ownership interest in the corporation that all personal property taxes and real property taxes have been paid for the previous year. Failure to provide information required by this subsection shall constitute an incomplete application and such application shall not be processed.

(b) Manager’s or Entertainer’s Permit. All applications for an  adult entertainment manager’s permit or adult entertainer’s permit shall be signed by the applicant and notarized. All applications shall be submitted on a form supplied by the Administrator and shall require the following information:           (1)  The applicant’s name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames previously used or planned to be used in entertaining;

  • The name and address of each business at which the applicant intends to work as a manager or entertainer, and an “intent to hire” statement from each such adult entertainment business that is licensed, or that has applied for a license, under the provisions of this ordinance;
  • A statement from the applicant that he or she has not been convicted of, or entered a plea of guilty or nolo contendere to, any felony, misdemeanor or municipal ordinance violation listed in Section 8 (a), during the respective time periods provided in that section;
  • A statement from the applicant that he or she has not had an entertainer’s permit issued under this ordinance, or similar ordinance, revoked within five years immediately preceding the date of filing the application; (5)  A photograph, to be taken by the Administrator, of the applicant;

(6)  The applicant shall present documentation that he or she has attained the age of eighteen years. Any of the following shall be accepted as documentation of age;

  1. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth,
  2. A state-issued identification card bearing the applicant’s photograph and date of birth,
  3. An official passport issued by the United States of America,
  4. An immigration card issued by the United States of America,
  5. Any other picture identification issued by a governmental entity,
  6. Such other form of identification issued by a governmental entity,
  7. Such other form of identification as the Administrator deems, by rule, to be acceptable;

Failure to provide information required by this subsection shall constitute an incomplete application and such application shall not be processed.

  1. Issuance of Licenses or Permits-Findings.

(a) After an investigation, the Administrator shall issue the applicable license authorized by this ordinance if the Administrator finds;           (1)  The applicant has requested, in writing, confirmation of zoning, building codes, fire, health, and property maintenance ordinance compliance from the appropriate City departments;

  • The business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, as well as the requirements of this chapter;
  • The applicant, or any of his, her or its employees, agents,

partners, members, directors, officers, stockholders or managers has not made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the Administrator (as part of the original license application or application for renewal thereof);

  • The applicant, and all employees, agents, partners, members, directors, officers, or managers of the applicant have attained the age of eighteen years;
  • The applicant, any partner, member, or any corporate officer, director, and any shareholder having ten percent or greater ownership interest in the corporation, has not been convicted of a felony or entered a plea of guilty or nolo contendere to a felony within five years immediately preceding the filing of the application, or has not been convicted of a misdemeanor or entered a plea of guilty or nolo contendere to a misdemeanor within two years immediately preceding the filing of the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child, or a violation of Chapter 573 RSMo, or controlled substances, illegal drug, or narcotic offenses, as described in the Missouri Comprehensive Drug Control Act, or similar statues, or has not been convicted of a municipal ordinance violation or entered a plea of guilty or nolo contendere to a municipal ordinance violation, within two years immediately preceding the filing of the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances, illegal drugs or narcotics.
  • The applicant, or any partner, or any member, or any corporate officer, director, and any shareholder having ten percent or greater ownership interest in the corporation, has not had a license or permit issued under the provisions of this ordinance, or similar ordinance, revoked with five years immediately preceding the date of filing the application.
  • The applicant, all partners, all members, and all corporate officers, directors and any shareholder having ten percent or greater ownership interest in the corporation has provided proof of payment of all personal property taxes and real property taxes for the previous year.

(b) After an investigation, the Administrator shall issue any applicable permit authorized by this ordinance if the director finds:

  • The applicant has not made any false, misleading or fraudulent statement of material fact in the application for a license, or in the providing of documentation of age (as part of the original permit application or application for renewal thereof;
  • The applicant has attained the age of eighteen years;
  • The applicant, has not been convicted of a felony or entered a plea of guilty or nolo contendere to a felony within five years immediately preceding the filing of the application, or has not been convicted of a misdemeanor or entered a plea of guilty or nolo contendere to a misdemeanor within two years immediately preceding the filing of the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child, or a violation of Chapter 573 RSMo, or controlled substances, illegal drug, or narcotic offenses, as described in the Missouri Comprehensive Drug Control Act, or similar statutes, or has not been convicted of a municipal ordinance or entered a plea of guilty or nolo contendere to a municipal ordinance violation, within two years immediately preceding the filing of the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances, illegal drugs or narcotics.
  • The applicant has not had a license or permit issued under the

provisions of this ordinance, or similar ordinance, revoked within five years immediately preceding the date of filing the application.

  1. Issuance of Licenses or Permits-Time.

(a)  The license application for an adult entertainment business shall be approved or disapproved with 30 days from the date of filing a completed application which complies with the requirements of this ordinance, unless the applicant agrees in writing to an extension of such time period. It shall be duty of the applicant to request, in writing, confirmation of zoning, building codes, fire, health, and property maintenance ordinance compliance from the appropriate City departments, and the application shall not be considered complete until such requests are made. The response to such requests, confirming compliance or otherwise, shall be made in writing by the City Departments to the Administrator no more than twenty days after receipt of the request. It shall be the duty of the Administrator to verify the criminal record of all applicants and to investigate other information required by the license application. If a license application is disapproved, the Administrator shall notify the applicant in person or by certified mail sent to the applicant’s last known address, and shall state the basis for such disapproval.                (b)  The application for a manager’s or entertainer’s permit shall be approved or disapproved within 30 days from the date of filing a completed application which complies with the requirements of this ordinance, unless the applicant agrees in writing to an extension of such time period. Pending the approval or disapproval of a completed permit application, the manager or entertainer shall be provided a temporary permit to be a manager or entertainer. Such permit shall automatically expire and become null and void upon the approval or disapproval of a permit. Any manager or entertainer issued a temporary permit shall comply with the provisions of this ordinance and such permit shall be withdrawn by the Administrator in the event the permitter violates any provisions of this ordinance. Additionally, any manager or entertainer issued a temporary permit shall be subject to the penalty provisions provided in this ordinance. It shall be the duty of the Administrator to verify the criminal record of all applicants and to investigate other information required by the permit application. If a permit application is disapproved, the Administrator shall notify the applicant, in person, or by certified mail sent to the applicant’s last-known address, and shall state the basis for such disapproval.

(c)  Any applicant aggrieved by the refusal of the Administrator to issue a license or permit under the provisions of this ordinance may request a hearing in writing within twenty days of the date indicated on the notice of disapproval, or if no such notice of disapproval is provided, within sixty days of the date the application was filed. After such hearing, the applicant may seek further judicial review in the manner provided by law.

  1. Compliance With Other City Ordinances Required. It shall be the duty of an adult entertainment business licensee or permittee to comply with the building codes, fire, health, property maintenance and other ordinances of the City and with the regulations of the various departments of the City. Knowing failure to abide by such ordinances or regulations may be a basis for suspension, revocation, or non-renewal of the license.
  2. Standard of Conduct and Operation-Adult Arcade.

(a)  The following standards of conduct must be adhered to by employees of any adult entertainment arcade while on the adult entertainment facility premises:

  • No employee or entertainer shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except when such entertainer or employee is separated from any and all customers by a window, or other partition which is separated from any and all customers by a window, or other partition which is maintained free of holes or other structural openings which would permit physical contact between such entertainer or employee and any customer within the viewing area. However, a single opening in such window or partition, allowing for payment for entertainment, by a customer to the entertainer, shall be permitted.
  • No employee or entertainer shall:
    1. Perform any specified sexual activities; or
    2. Display any specified anatomical area, except as provided for in subdivision 1 of this subsection.
  • No employee or entertainer who is either not separated from any and all customers as provided in subdivision 1 of this subsection, or in an area of the premises not open to customers, shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection.
  • 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 such employee or entertainer, or no employee or entertainer shall knowingly fondle or caress any specified anatomical area of another, whether such 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 such area is clothed, unclothed, covered or exposed.
  • No entertainer or any adult arcade shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, which such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
  • No Entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this ordinance. (7) No entertainer shall receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer, as described in subdivision 1 of this subsection.

(b)  At any adult entertainment arcade, the following are required:

  • A sign, on which upper-case letters shall be at least two inches and lower-case letters shall be at least one inch high, shall be conspicuously displayed in the common area at the principal entrance to the adult entertainment arcade and shall read;

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF HOLDEN   

ENTERTAINERS ARE:

  1. Not permitted to engage in any type of sexual conduct on the premises, or in prostitution;
  2. Not permitted to be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, and/or genitals, except when separated from customers by the window or partition between the entertainers and customers;
  3. Not permitted to receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer.
    • Neither any entertainment, nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
    • The premises shall be equipped with overhead lighting or sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot candle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.    Standards of Conduct and Operation-Adult Cabaret.
  • The following standards of conduct must be adhered to by employees and entertainers or any adult cabaret while on the adult entertainment facility premises:
    • No employee or entertainer shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, unless separated at least six feet from the immediate floor level.
    • No employee or entertainer shall:
      1. Perform any specified sexual activities; or
      2. Display any specified anatomical area, except as provided for in subdivision 1 of this subsection.
    • No employee or entertainer who is not separated from any and all customers as provided in subdivision 1 of this subsection shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection, except in an area of the premises not open to customers.
    • 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 such employee or entertainer, or no employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether such 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 such area is clothed, unclothed, covered or exposed.
    • No employee or entertainer shall wear or use any device or covering exposed to view which simulates any specified anatomical area.
    • No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.
    • No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, which such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
    • No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this ordinance. (9) No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:
      1. While such entertainer is on the stage as provided in subdivision 1 of this subsection, a customer may place such payment or gratuity into a box affixed to such stage; or
      2. While such entertainer is not on stage, and is clothed so as to not expose to view any specified anatomical area, a customer may either place such payment or gratuity into the entertainer’s hand, or under a leg garter worn by such entertainer at least four inches below the bottom of the pubic region.
    • At any adult cabaret, the following are required:
      • A sign, on which upper-case letters shall be at least two inches high and lower-case letters shall be at least one high, shall be conspicuously displayed in the common area at the principal entrance of the premises, and shall read as follows:

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF HOLDEN

ENTERTAINERS ARE:

  1. Not permitted to engage in any type of sexual conduct on the premises, or in prostitution;
  2. Not permitted to be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, and/or genitals, unless separated at least six feet from the nearest customer and upon a stage at least eighteen inches above the immediate floor level;
  3. Not permitted to receive or collect any payment or gratuity from any customer, except as follows:
    1. while such entertainer is on the stage, by placing such payment or gratuity into the box affixed to the stage; or
    2. while such entertainer is not on the stage, by either placing such payment or gratuity into the entertainers’s hand, or under the entertainer’s leg garter.
  • Neither any entertainment, nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
  • 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 foot candle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
  1. Standards of Conduct and Operation-All Adult Entertainment

Businesses.

It shall be unlawful for;

  • Any person under the age of eighteen years to be in or upon any premises for which as adult entertainment business license is required. (b) Any customer, while upon the premises for which an adult entertainment business license is required, to;
    • Knowingly touch any specified anatomical area of any employee, entertainer, or any other person, or to knowingly fondle or caress any specified anatomical area, whether such area is clothed, unclothed, covered or exposed, of any employee, entertainer or any other person;
    • Be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except in a rest room for customers upon the premises; or (3) Perform any specified sexual activities.

(c) Any owner, operator, manager, or other person in charge of a premises for which an adult entertainment business license is required, to;                    (1) Knowingly permit or allow any person under the age of eighteen years to be in or upon such premises;

  • Knowingly allow or permit alcoholic beverages, as defined in Chapter 50 of this Code, to be brought onto or consumed on the premises; or
  • Knowingly allow or permit the sale, distribution, or delivery of any controlled substance or illegal drug or narcotic on the premises; or
  • Knowingly allow or permit any act of prostitution, or patronizing prostitution, on the premises.
  1. License or Permit-Posting and Displaying.
    • Every person, corporation, partnership, limited liability company or association licensed under this ordinance as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises at a location which is accessible to employees, managers, and entertainers.
    • Every adult entertainer or adult entertainment manager shall post his or her permit in his or her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this ordinance. If the permit is a temporary permit, the form of identification presented as part of the application for such permit shall be stated by the Administrator on the face of such permit, and such identification must be on file with the adult entertainment manager on duty at any time such temporary permittee is working on the premises.
  2. Manager on Premises.

An adult entertainment manager shall be on duty at any adult entertainment business at all times adult entertainment is being provided or that customers are on the premises. The name of the manager on duty shall be prominently posted during business hours. It shall be the responsibility of the manager to verify and ensure that any person who provides adult entertainment within the premises possesses a current and valid adult entertainer’s permit, and that such permit is posted in the manner required by this ordinance.

  1. Hours of Operation.

It shall be unlawful for any adult arcade or cabaret to be conducted, operated, or otherwise open to the public, customers or members between the hours of 3:00 a.m. and 6:00 a.m.

  1. Inspectors and Inspections.

The Administrator is empowered to appoint inspectors of adult entertainment businesses. All such businesses shall be open to the inspections by the Administrator or inspectors appointed by him or to any member of the police department at any time during the hours allowed for business and at other reasonable times.

  1. Suspension, Revocation or Non-Renewal-License.

Whenever the Administrator has information that:

  • The owner or operator of an adult entertainment business has violated, or knowingly allowed or permitted the violation of any of the provisions of this ordinance;
  • There have been recurrent violations of provisions of this ordinance that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were being committed;
  • The adult entertainment business license was obtained through false or misleading statements in the application for such license, or renewal thereof;
  • The adult entertainment business license failed to make a complete disclosure of all information requested in the application for such license, or renewal thereof; or
  • The owner or operator, or any partner, or any corporate officer or director, is no longer eligible to obtain a license pursuant to

Section 8(a); then the Administrator shall hold a hearing in the manner provided in this ordinance to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by certified mail sent to the licensee’s last known address. In the event that the Administrator is not able to serve notice upon the licensee in person, and any notice sent by mail is returned by the postal service, the

Administrator shall cause such notice to be posted at the principal entrance of the adult entertainment business or facility, and such posting shall be a valid means of service. If the Administrator finds and concludes from the evidence that the licensee has violated any of the above provisions, he may suspend, for a period not to exceed ninety days, or revoke the license issued hereunder, or in the case of a renewal application, refuse to renew such license.

  1. Suspension, Revocation or Non-Renewal Permit. When the

Administrator has information that:

  • An adult entertainment manager has violated, or knowingly allowed or permitted the violation of any of the provisions of this ordinance; (b) While acting as an adult entertainment manager, there have been recurrent violations of provisions of this ordinance that such adult entertainment manager knew or should have known that such violations were committed;
  • An adult entertainer has violated any of the provisions of this ordinance;
  • A permit received by any person under the provisions of this ordinance was obtained through false or misleading statements in the application for such permit, or renewal thereof;
  • A permittee under the provisions of this ordinance failed to make a complete disclosure or all information requested in the application for such permit, or renewal thereof; or
  • A permittee is no longer eligible to obtain a permit pursuant to Section 9(b); then the Administrator shall hold a hearing in the manner provided in this ordinance to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by certified mail sent to the permittee’s last known address. If notice is sent by mail, such notice is effective upon mailing regardless of whether such notice is received. If the Administrator finds and concludes from the evidence that the permittee has violated any of the above provisions, he may suspend, for a period not to exceed ninety days, or revoke the permit issued hereunder, or in the case of a renewal application, refuse to renew such permit.
  1. Hearing Procedures.
    • In any instance in this ordinance wherein a hearing is required, the Administrator shall, after no less than ten days written notice to the applicant, licensee or permittee, hold such hearing to ascertain all facts in the matter.
    • An applicant, licensee, or permittee shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross-examine all witnesses who appear against him. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearings shall be recorded and transcribed as required by law. The Administrator may receive evidence relevant to the issues from the applicant, licensee or from other sources. Witnesses may be subpoenaed, and upon request of any party, the Administrator shall issue subpoenas, and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the Circuit

Court.

  • Administrator shall issue findings of fact and conclusions of law, and an order wherein he may dismiss the complaint, grant or refuse to grant a license or permit, or suspend or revoke a license or permit, previously issued, or renew or refuse to renew a license or permit previously issued. The Administrator’s order shall be served upon the applicant, licensee, or permittee in person or by certified mail sent to the applicant’s, licensee’s or permittee’s last known address. In the event that the Administrator is not able to serve such order upon the licensee, or applicant for renewal license, in the manner stated above, such order may be served in the manner provided in Section 18.
    • A license or permit may be renewed by making application to the Administrator on application forms provided for that purpose. Licenses and permits shall expire on December 31 of each calendar year, and renewal applications for such licenses or permits must be submitted between November 15 and December 15.
    • Upon timely application therefore, a license issued under the provisions of this ordinance shall be renewed by issuance of a new license in the manner provided by Section 8 or 9, unless the Administrator disapproves such renewal application in the manner provided by Section 18. However, an applicant for a renewal license shall have no duty to request confirmation of compliance with the city ordinances as required in Section 9, and no inspections by other city departments shall be required unless requested by the

Administrator.

  • Upon timely application therefore, a permit issued under the provisions of this ordinance shall be renewed by issuance of a new permit in the manner provided by Section 8 or 9, unless the Administrator disapproves such renewal application in the manner provided in Section 19.
  • Upon the filing of a timely application for renewal of a license or permit issued under the provisions of this ordinance, the

Administrator shall issue a temporary license or permit to the applicant, which temporary license or permit shall remain in effect until the Administrator has approved the application. If a hearing is held as required by Section 18 or 19, the temporary license or permit shall remain in effect until the Administrator has issued an order following such hearing. However, if the hearing required by

Section 18 or 19 is delayed at the request of the applicant, the temporary license or permit issued under the provisions of this subsection shall expire as of the date such hearing was scheduled by the Administrator, unless the applicant shows good cause for such delay.

  • Any applicant issued a temporary license or permit under the provisions of this section shall comply with the provisions of this ordinance. Additionally, an applicant issued a temporary license or permit under the provisions of this section shall be subject to the penalty provisions provisions provided in this ordinance.
  • If the application for renewal of a license or permit is not made during the time provided in subsection (a) of this section, the expiration of such license or permit shall not be effected, and a new application shall be required.
  1. Judicial Review-Stay of Enforcement of Orders.

Following the entry of an order by the Administrator suspending or revoking a license or permit, or disapproving the renewal application for a license or permit, such licensee, permittee or applicant may seek judicial review in the manner provided by law. The Administrator may stay enforcement of such order for a period of time not to exceed thirty days pending the filing and/or final disposition of proceedings for judicial review.

  1. Informal Disposition of Case.

Nothing contained in this ordinance shall preclude the informal disposition of contested cases by stipulation, consent order, default, or by agreed settlement.           24.  Regulations.

The Administrator shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his office and which are not inconsistent with the provisions of this ordinance.

  1. Invalidity.

If any clause, section or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby, but shall remain in full force and effect.