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BILL NO. PASSED AS AMENDED '
'a
SPONSORED 9Y COUNCILMAN Kammerdiengr
• it .,
'. ORDINANCE NO. 1 2 4/q
AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF ADULT
BUSINESSES AND ADULT ENTERTAINMENT BUSINESSES WITHIN THE CITY OF
z JEFFERSON; ESTABLISHING FEES; AND PROVIDING PENALTIES FOR
VIOLATIONS.
.t' WHEREAS, based on testimony, case law and other information before it, the a
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;�-.;.. Jefferson City Council has made the following legislative findings of fact:
' b A. That certain conduct, occurring at adult businesses or on premises offering adult
..
r <: entertainment is detrimental to the public health, safety, and general welfare of
�t
F1.. citizens of the City and, therefore, such conduct must be regulated as provided
' herein:
B. That adult businesses and businesses that provide adult entertainment are
associated with and promote prostitution, illegal drug use and other criminal
't activity which constitute an immediate threat to the public peace, health, morals
is
and safety;
$ C. That regulation of adult businesses and adult entertainment businesses is ;
' necessary because in the absence of such regulation, significant criminal activity
�{ to include prostitution, illegal drug use and disruptive behavior has historically
w,
and regularly occurred adjacent to such businesses; and
D. That regulation of adult businesses and adult entertainment businesses is
necessary because the location of such businesses has an economic impact on
' . .
surrounding residential and commercial property owners; and
E. That the increased criminal activity and economic impact of adult businesses is f
not as great with adult businesses involved in the rental of items depicting
"specified sexual activities" or"specified anatomical areas" for viewing off of the
premises and retail sales of matter depicting "specified sexual activities" or
"specified anatomical areas" where such matter is not previewed or examined by
the prospective customer on the premises. j
BN 95.159/Page 1
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F. That it is necessary to regulate and license entertainers and servers in the adult
i entertainment business to prevent the exploitation of minors; and
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G. That it is necessary to have a licensed manager on the premises of adult
r<` businesses and adult entertainment businesses to ensure that at all times a
person responsible for the overall operation of the business, including the actions
of customers, patrons, servers, entertainers and other employees, is present;
,a.
and
� 6
H. That the license fees imposed by the regulations herein are reasonable fees
imposed as necessary regulatory measures designed to help defray expenses
incurred by the City in regulating adult businesses and adult entertainment
businesses.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI:
Section 1. NEW CHAPTER ENACTED.
pia"•
The Code of the City of Jefferson is hereby amended by the addition of a new
chapter entitled "Adult Businesses and Adult Entertainment Business" is hereby
enacted and shall read as follows:
ection 2. DEFINITIONS.
For the purposes of this Chapter and unless the context plainly requires
` otherwise, the following definitions are adopted:
A. "Adult Business" means any business enterprise:
1. that has as a regular and substantial business purpose the sale,
display or rental of goods that are designed for use in connection
with "specified sexual activities," or that emphasize matters
depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas"; or
Vin.. 2. that has one of the following as a regular and substantial business
purposes:
_y a. the providing 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
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b. the providing of services that provide "specified sexual
activities" or"specified anatomical areas" ancillary to other
pursuits, or allow participation in "specified sexual activities"
. ; ancillary to other pursuits.
3. The definition of"adult business"also includes, but is not limited to,
{ any and all of the following, as defined herein:
a. Businesses that offer the following described goods for sale '
or rent:
"Adult retail establishments" means an establishment
which as a regular and substantial business purpose,
offers for sale or rent, any one or more of the
following: instruments, devices, gifts or more of the
following: instruments, devices, gifts or paraphernalia
which are designed for use in connection with
"specified sexual activities" or clothing that graphically
depicts "specified anatomical areas" or any of the
materials sold or rented in an adult boukstore as
} defined herein.
(2) "Adult bookstore" means an establishment which as a
regular and substantial business purpose, offers for
f sale or rent, books, magazines, periodicals or other
printed matter, photographs, slides, films or
" videotapes, which are distinguished or characterized
by their emphasis on matter depicting, describing or
relating to "specified sexual activities" or"specified
anatomical areas".
.f, (3) "Adult newsrack" means any coin or card operated
device that offers for sale by dispensing printed
material, which is distinguished or characterized by its
emphasis on matter depicting, describing or relating
to "specified sexual activities" or"specified anatomical
areas".
(4) "Adult newsstand" means a freestanding structure,
vehicle or booth which as a regular and substantial
business purpose,,offers for sale, books, magazines,
periodicals or other printed matter, which are
distinguished or characterized by their emphasis on
S'95.959/Page 3
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matter depicting, describing or relating to "specified
sexual activities" or"specified anatomical areas".
b. Businesses that provide the following entertainment:
"Adult entertainment business" means any enterprise
to which the public, patrons or members are invited or
admitted, and where providing "adult entertainment"
as defined herein, is a regular and substantial portion
of its business.
(2) "Adult motion picture theater" means an
establishment containing a room with seats facing a
screen or projection areas, where a regular and
Vvi.
substantial portion of its business is the exhibition to
customers of films, videotapes, or motion pictures
which are intended to provide sexual stimulation or
sexual gratification to the customers and which are
distinguished by or characterized by an emphasis on
matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas".
(3) "Adult theater" means an establishment located in an
enclosed building where a regular and substantial
portion of its business is providing the live
performance of activities relating to "specified sexual
activities" or exhibition of"specified anatomical areas"
or live performers, for observation by customers and
patrons.
(4) "Adult entertainment cabaret" means an
establishment where a regular and substantial portion
of its business is providing adult entertainment which
features strippers, male or female impersonators, go-
go dancers, or live performances; or material which is
primarily characterized by an emphasis on "specified
sexual activities" or"specified anatomical areas".
"Adult entertainment studio" (includes the terms rap
studio, exotic dance studio, sensitivity studio or
encounter studio) means an establishment whose
premises is physically arranged as to provide booths,
cubicles, rooms, compartments or stalls separate
from the common areas of the premises, and where a
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providing entertainment which features materials or
live performances characterized.by an emphasis on
or features materials relating to "specified sexual
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(6) "Adult encounter parlor" means an establishment
where a regular and substantial portion of its business '
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,. is the provision of premises where customers
' congregate, associate, or consort with employees
kH and/or performers or private contractors who display ;.
"specified anatomical areas" in the presence of such
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> customers, with the intent of providing sexual
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i „ gratification or stimulation to such customers.
(7) "Body Painting Studio" means an establishment
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s< where a regular and substantial portion of its business
is the maintaining, operating, or offering for
compensation the applying of paint or other
y substance to or on the human body by any means of
4kr application, technique or process when the subject's
body is displaying for the customers view "specified i
7 anatomical areas".
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C. Business that provide the following described services:
` 1 "Bath House" means an enterprise where a regular
and substantial portion of its business is offering
�' baths with other persons present who are nude or -�
displaying "specified anatomical areas".
(2) Adult Mote! means an enterprise where a regular
and substantial portion of its business is offeringA
0
F' public accommodations for consideration for the k
purpose of viewing closed circuit television 4
transmissions, films, motions pictures, video ;
cassettes, slides or other photographic reproductions 'f
which are distinguished or characterized by an
° emphasis on the depiction or description of"specified
sexual activities" or"specified anatomical areas" and
rents room accommodations for less than six hours at a
a time.
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B. "Adult entertainment" means any live 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, xf
or any service offered for amusement on a premises where such
exhibition, performance, display or dance is intended to seek to arouse or
excite the sexual desires of the entertainer, other entertainers or patrons,
or if the entertainment involves a person who is nude or in such attire,
r costume or clothing as to expose to view any portion of the human }
f' genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts
below a point immediately above the top of the areola or nipple or the '<"
human male genitals in a discernibly erect state, even if completely and „M
opaquely covered. + 'n „
' C. "Adult entertainment business" means any premises to which the public, .
patrons or members are invited or admitted and wherein an entertainer J
. provides adult entertainment to a member of the public, a patron, or a4
member.
Fa D. "Contagious and communicable diseases" means those diseases which '
are set out in the Code of State Regulations established by the State of
Missouri.
E. "Employee" means any and all persons, including managers, entertainers £'
and independent contractors, who work in or at or render any services5
„y
t : directly related to, the operation of an adult entertainment business. _
F. "Entertainer" means any person who provides adult entertainment within
an adult entertainment premises as defined in this section, whether or not
., a fee is charged or accepted for entertainment.
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G. "Manager" means any person who manages, directs, administers, or is in
charge of the affairs and/or conduct of any portion of any activity involving
r adult entertainment occurring at any adult entertainment premises.
'.. H. "Operator" means any person operating, conducting or maintaining an
` adult entertainment business.
I. "Person" means any individual, partnership, corporation, trust,
incorporated or unincorporated association, marital community, joint
venture, governmental entity, or other entity or group of persons however
organized.
PA 95-159/Page 6
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z J. Public place means any area generally visible to public view and
.>` includes streets, sidewalks, bridges, alleys, plazas, parks, driveways,
parking lots and automobiles whether movin g or not.
K. "Premises" means any place of business of an adult business which shall 4
include the entire lot and building occupied by the adult business and any 5
+ other property owned, leased or controlled by the adult business including ,
any parking areas adjacent to the business which are regularly utilized by
' employees, entertainers, servers, managers or customers of such
.f business.
F j
L. "Server" means any person who serves food or drink at an adult
entertainment business.
Specified anatomical areas: mean (1) uncovered or exposed human
genitals, pubic region or pubic hair; or buttock; or female breast or breast y
. below a point'immediately above the top of the areola encircling the!
'} nipple, or any combination of the foregoing; or (2) human male genitals in
a discernibly erect state, even if completely and opaquely covered.
N. "Specified sexual activities" means sexual conduct, being actual or
simulated, acts of human masturbation; sexual intercourse; or physical
contact, in an act of apparent sexual stimulation or gratification, with a
. ; persons clothed or unclothed genitals, pubic area, buttocks, or the breast
of a female; or any sadomasochistic abuse or acts including animals or
g any latent objects in a act or apparent sexual stimulation or gratification. t
k '1
0. "Substantial business purpose" means 1) thirty-three percent (33%) or {
more of the gross floor space, is devoted to that purpose; or 2) thirty-three
percent(33%) or more of the retail floor space is devoted to that purpose;
k` or 3) thirty-three percent (33%) or more of the ross sales of the business
s
are derived from that purpose.
s
Section 3. LICENSE REQUIRED FOR ADULT BUSINESSES AND ADULT
ENTERTAINMENT BUSINESSES.
A. It shall be unlawful for any person to operate or maintain an adult business
,b> or adult entertainment business in the City unless the owner, operator or
lessee thereof has obtained an adult entertainment business license from
the City, or to operate such business after such license has been revoked
or suspended by the City.
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BM 95.159/Page 7
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;J }' B. It is unlawful for any entertainer, employee or manager to knowingly
perform any work, service or entertainment directly related to the
operation of an unlicensed adult entertainment business.
C. It shall be prima facia evidence that any adult entertainment business that
fails to have posted, in the manner required by this section, an adult
�. .,
entertainment business license, has not obtained such a license. In
addition, it shall be prima facia evidence that any entertainer, employed or
w` manager who performs any service or entertainment in an adult {`
r
entertainment business in which an adult entertainment license is not
> ' posted, in the manner required by this section, had knowledge that such Y:
business was not licensed. "
D. Any business enterprise that sells or rents goods that are designed for use
in connection with "specified sexual activities", or that emphasize matters
depicting, describing or relating to "specified sexual activities or specified5r ;
anatomical areas" and that excluded minors by virtue of age from all or
any part of the business premises shall be deemed to have consented to ,7y €:;,;
periodic entry into and inspection of the business premises by appropriate ,;
city officials and inspection by those officials of only those business ,r � 'trt
records necessary for the limited purpose of determining whether such
business enterprise is an Adult Business as defined in this Chapter. This
� r
entry and inspection shall take place during hours when such adult; a;<
Y h ry R , .
business is open to the public, unless otherwise requested by the adult,
business, and shall not unreasonably interfere with the conduct of such
business.
,t,= Section 4. LICENSE REQUIRED FOR MANAGERS, SERVERS & ENTERTAINERS.
It is unlawful for any person to work as an entertainer, server or manager at an
'. : adult entertainment business without first obtaining a license to do so from the =a �f
,.,,_•:. City, or to work as an entertainer, server or manager at an adult entertainment
t; business after such person's license to do so has been revoked or suspended.
Section 5. LICENSE, CLASSIFICATION AND FEES.
A. The license year for all fees required under this chapter shall be from each
r ,
July 1 through June 30. The application for a license shall be x
4 accompanied by payment in full of the fee stated in this section by certified s,
IiS r:,r i f,
or cashier's check or money order; and no application shall be considered
complete until such fee is paid. YrY
B. All licenses shall be issued for a specific location and shall be non
-
' ' refundable and nontransferable.
EW 95.159/Page 8
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C. The classification of licenses and fees for each shall be as follows:
1. Adult entertainment business license fee is $500 per year;
2. Adult entertainment manager's license fee is $20.00 per year; 1
3. Adult entertainer's license fee is $20.00 per year; ;
+' 4. Adult entertainment server's license fee is $20.00 per year: ,
5
Section 6. LICENSE LIMITED TO ONE IDENTIFIABLE TYPE OF ADULT USE.
All adult business licenses shall be issued for only one adult business use per
premises which shall be listed on the application. More than one adult business
use shall not be allowed on a premises. Any change in the type of adult use s
shall invalidate the adult business license.
Section 7. LICENSE APPLICATION
. A. Adult Business License, ji
All persons desiring to secure a license to operate an adult entertainment
2, business under the provisions of this chapter shall make a notarized
application with the Finance Department. All applications shall be
x. submitted in the name of the person proposing to conduct or operate the l
adult entertainment business. All applications shall be submitted on a
form supplied by the Finance Department and shall require the following
information:
r1 S
1. The name, residence address, home telephone number, rev
occupation, date and place of birth and social security number of
the applicant.
2. The name of the adult entertainment business, a description of the
adult entertainment to be performed on the licensed premises, and
F ; the name of the owner of the premises where the adult
entertainment business will be located.
3. The names, residence addresses, social security numbers and
dates of births of all partners, if the applicant is a partnership; and if
the applicant is a corporation, the same information for all corporate
officers and directors and stockholders who own more than 10% or
greater interest in the corporation.
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4. The residence addresses of the applicant, or of all partners, or of all ,
X corporate officers and directors for the five ears immediately
to the date of application. y Y prior
A description of the adult business history of the applicant, or of the
partnership and all partners, or of the corporation and all corporate
�..kT officers and directors.
Ysk 6. A statement from the applicant, or from all partners, or from all such
corporate officers and directors, whether any such person or entity, 4
in previously operating in this or another city, county or state, has
y 1.,
X. � had a business license of any type revoked or suspended, and if
• so, the reason therefor, and the activity or occupation subjected to
- = such action, suspension or revocation:
4,k 7. A statement of the business, occupation or employment of the i
' £ applicant, or of all partners, or of all corporate officers and directors
t for the three
s years immediately preceding the date of the
application. f''
8. A statement from the applicant, or from each partner, of from each
{ corporate officer and director, that each such.person has not been rs:
convicted of, released from confinement for conviction of, or
` diverted from prosecution on:
a. a felony criminal act within five years immediately preceding
`
the application or y p g
kr i er
y' b. a misdemeanor criminal act within two years immediately
preceding the application, where such felony or
misdemeanor criminal act involved sexual offenses, >'
prostitution, prostitution, promotion of prostitution, sexual
abuse of a child, pornography of related offenses as defined
4` in the Missouri Criminal Code, or involved controlled
substances or illegal drugs or narcotics offenses as defined
in the Missouri Controlled Substances Act or other statutes
of the State of Missouri or ordinances of the City. $`
l The statement shall also indicate that the applicant, each
;f
partner of each corporate officer and director has not been
convicted or a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation, within two
years immediately preceding the application where such
municipal ordinance violation involved sexual offenses,
BM95-159/Page 10 ;
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indecent exposure, prostitution or sale of controlled
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substances or illegal drugs or narcotics.
9. On applications requesting a license to operate a bath house or {
studio, the applicant shall provide for each person
body painting st pp p
working on the premises a health certificate from a duly licensed
A Missouri physician stating that within ninety days prior thereto, the n
applicant and all other persons working on the premises have been
examined and found free of any contagious or communicable
decease as defined herein.
{
10. A full set of fingerprints and a photograph, to be taken by the police
department, of the applicant, or of all partners if the applicant is a r
partnership, or of all corporate officers and directors if the applicant
is a corporation.
jgw.
.r, 11. If the applicant is a corporation, a current certificate of registration
ka� issued by the Missouri Secretary of State.
'r. 12. A statement signed under oath that the applicant has personal k
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 chapter regulating adult N'
entertainment businesses.
Failure to provide the information and documentation
1,0 required by this subsection shall constitute an incomplete
application which shall not be processed. ?
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S. Manager, Server or Entertainers li ense.
' All persons desiring to secure a license under the provisions of this
chapter to be an adult entertainment manager, server or entertainer shall s.
{ ' make a notarized application to the Finance Department. All applications '
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall be
submitted on a form supplied by the Finance Department and shall require
the following information:
r.Y
s � 1. The applicant's name, home address, home telephone number,
"t date and place of birth, social security number, and any stage {
names or nicknames used in entertaining or at the business..
BIN 95.1591 PS9011
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2. The name and address of each adult entertainment business where
the applicant intends to work as a manager, server or entertainer,
and an "intent to hire" statement from an adult entertainment
. x business that is licensed, or that has applied for a license, under
the provisions of this chapter, indicating the adult business intends
to hire the applicant to manage, serve or entertain on the premises. '
Failure to provide an "intent to hire" statement shall not invalidate
the application. ;
3. A statement from the applicant, that the applicant has not been 4
11i convicted of, released from confinement for conviction of, or
}ta diverted from prosecution
a. a felony criminal act within five years immediately preceding ��!1
the application, or
b. a misdemeanor criminal act within two years immediately , '
preceding the application, where such felony or '
misdemeanor criminal act involved sexual offenses,
< ; prostitution, promotion of prostitution, sexual abuse of a
child, pornography or related offenses as defined in the i
Missouri Criminal Code, or involved controlled substances or }'a1
illegal drugs or narcotics offenses as defined in the Missouri xl
>„ a
Val Controlled Substances Act or other statutes or ordinances.
The statement shall also indicate that the applicant y a
'k ` has not been convicted of a municipal ordinance
violation or diverted from prosecution on a municipal
ordinance violation, within two years immediately
preceding the application where such municipal
ordinance violation involved sexual offenses, indecent
exposure, prostitution or sale of controlled substances ;
or illegal drugs or narcotics.
aG" 4. A full set of fingerprints and a photograph, to be taken by the police
' department, of the applicant. -`
5. The applicant shall present documentation to the Finance
Department that the applicant has attained the age of 13 years at
n: the time the application is submitted. Any of the following shall be
t{ accepted as documentation of age:
nE:s a. A valid motor vehicle operator's license issued by any state,
bearing this applicant's photograph and date of birth;
BN95.159/Page 12 K
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,r b. A state-issued identification card bearing the applicant's
photograph and date of birth;
C. An official and valid passport issued by the United States of
America;
d. An immigration card issued by the United States of America;
e. Any other form of picture identification issued by a
governmental entity that is deemed reliable by the Finance
Department; or
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f. Any other form of identification deemed reliable by the
Finance Department.
Failure to provide the information required by this subsection
shall constitute an incomplete application and shall not be
. processed.
.. C. Facilities Necessary.,
No adult business license to conduct a bath house or body painting
? studio shall be issued unless an inspection by the Department of
Planning and Code Enforcement reveals that the premises the
applicant intends to conduct business from complies with each of
the following minimum requirements:
1. The walls shall be clean and painted with washable, mold-resistant
5 paint in all rooms where water or steam baths are given. Floors
shall be free from any accumulation of dust, dirt, or refuse. All
a equipment used in the business's operation shall be maintained in a
clean and sanitary condition. Towels, linen and items for personal
use of operators and 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 service or practice
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. When five ,
or more employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be
BIO 95-159/Page 13
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provided. 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.
*K :
^ HHH 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.
0 1
k#� The Director of the Department of Planning and Code
Enforcement or a representative, 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 Finance Department. Provided, however,
e 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.
D. Application Processin
Upon receipt of a complete application for an adult entertainment or '
an adult entertainment manager, server or entertainer license the
' Finance Department shall immediately transmit one copy of the application to the Police Department for investigation of the
application. In addition, the Finance Department shall transmit a
a co of the
(tf 1
copy application to the Director of the Department of
Planning and Code.Enforcement.
It shall be the duty of the Police Chief or a designee to investigate
. such application to determine whether the information contained in 'M
` the application is accurate and whether the applicant is qualified to M1
lied
be issued the license a for. The Police Chief shall re
applied P ort the
results of the investigation to the Finance Department not later than
ten working days from the date the application is received by the s
Finance Department.
It shall be the duty of the Director of the Department of Planning
,. and Code Enforcement, to determine whether the structure where
7r' the adult entertainment business will be conducted complies with
BN 95.159/Page 14
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the requirements and meets the standards of the applicable health,
zoning, building code, fire and property maintenance ordinances of
the City. The Director of the Department of Planning and Code
Enforcement, shall report the results of the investigation to the
Finance Department not later than ten working days from the date
• :,• the application is received by the Finance Department.
Upon receipt of the reports from the Police Chief and Director of
the Department of Planning and Code Enforcement, the Finance
Department shall either issue or deny the licence, provided the
license application for an adult business, manager, server or
entertainer license shall be approved or disapproved within 45 days
from the date of filing of a completed application with the Finance
Department.
t"
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Section 8. EXAMINATION OF APPLICATION, ISSUANCE OF LICENSE,
DISAPPROVAL.
A. If the application for an adult-entertainment business or an adult
entertainment business manager, server or entertainer is in proper form '
and accompanied by the appropriate license fee, the Finance Director9
shall examine the application, and after such examination, the Finance
Director shall if the applicant pp is
qualified, approve a license as provided
for by law, provided a license shall not be approved to any person
ineligible under Section 9.
B. The records of the Finance Director shall show the action taken on the
1' application, and if the license is granted, the Finance Director shall direct
the issuance of the proper license. The license shall state that it is not
" r} transferable to other persons and the calendar year for which it is issued. ry
P Y
The license shall be kept posted in a conspicuous place in the place of
business that is licensed or where the licensee is working.
i C. If an application for a license is disapproved, the applicant shall be f
't immediately notified by registered or certified mail to the applicant's last ''Ji
' known address, and the notification shall state the basis for such
disapproval. Any applicant aggrieved by the disapproval of a license f
r i
application may seek judicial review in a manner provided by law.
Seplion 9. LICENSE - INELIGIBILITY& DISQUALIFICATION. '
No person is eligible nor shall a license be issued to:
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A. An adult entertainment business applicant if one or more of the following
conditions exist:
1. The applicant's premises is located within 1,000 feet of any school,
f" church, public park, licensed child care center or licensed child care
home. Measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest point
on the property line of the applicant's enterprise to the nearest point
on the property line of such school, church, public park, licensed
day care center or licensed child care home;
2. The applicant's premises is located within 1,000 feet of any other
F adult entertainment business for which there is a license issued.
' Measurements shall be made in a straight line, without regard to
u, intervening structures or objects, from the nearest point on the :.
property line of the applicant's enterprise to the nearest point on the
property line of such other adult entertainment business; }
t
' 4 3. The applicant's premises is located within one thousand feet
(1000) of any residentially zoned property. Measurements shall be
made in a straight line, without regard to intervening structures or y; !
es,
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objects, from the nearest point on the property line of the 4f
applicant's business to the nearest point on the property line of the
;L .' residentially zoned property.
F 4. In the case of an application for an adult business license for a
`- business use defined in Section 3.A.3(b) or Section 3.A.3(c)
described as adult entertainmpnt business, adult motion picture
t theater, adult entertainment cabaret, adult entertainment studio, ;;
adult encounter parlor, body painting studio, bath house or adult
premises is located within one thousand feet
motel, the applicant's p
h (1000) of any residentially zoned property. Measurements shall be
made in a straight line, without regard to intervening structures or
4 objects, from the nearest point on the property line of the
applicant's business to the nearest point on the property line of the
residentially zoned property;
5. The applicant failed to supply all of the information requested on
the application;
6. The applicant gave materially false, fraudulent or untruthful
information on the application; '
BX95-159 1Page 16
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7. The applicant's proposed business premises does not comply with
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�-�4} or meet the requirements of the applicable health, zoning, building
r.* q PP � g. g
" code, fire and property maintenance ordinances of the City,
<,x provided, that upon a showing that the premises meets said r'
requirements and that the applicant is otherwise qualified, the t
application shall be eligible for reconsideration by the Finance
Director;
`1
8. The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth in Section 7.
• of this Chapter during the time period set forth in said section; t�
9. The applicant has had an adult entertainment license revoked or
4 suspended in this or any other city during the past five years.
10. If the applicant is applying for a license to operate a bath house or fi:9
body painting studio and has not produced a health certificate as r
required herein for all persons working on the premises.
B. An applicant for an adult entertainment manager, server or entertainer if
one or more of the following conditions exist:
1. The employer for whom the applicant intends to work does not
;y have or is ineligible to receive an adult entertainment business
' license for any of the reasons stated in subsection (A) above;
2. The applicant has been convicted, released from incarceration for
conviction, or diverted on any of the crimes set forth in Section 8.
during the time period set forth in said section; ?:
3. The applicant failed to provide all of the information required on the '
application; its
4. The applicant gave materially false, fraudulent or untruthful ,I
information on the application.
5. The applicant has had an adult entertainment manager, server or
entertainer license revoked or suspended in this or any other city '
during the past five years.
Section 10. STANDARDS OF CONDUCT.
The following standards of conduct shall be adhered to by all adult entertainment
4 business licensees, their employees and all adult entertainment business
B#95.159/P89e 17
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., managers, servers and entertainers and patrons, of adult entertainment
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businesses, while on or about the premises of the business:
;- A. Identification Cards. All or any manager, server or entertainer
j issued a license by the City under the provisions of this chapter shall, at all
times when working in an establishment subject to the provisions of this
I chapter, 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. k
B. Age restriction. Only persons 18 years of age or older shall be permitted ?
on the premises of any adult entertainment business.
M C
` C. Exterior Observation and Display. No adult business will be conducted in
!` any manner that permits the observation or display of performers servers, G
or entertainers engaged in an erotic depiction or dance or any material or
persons, caricatures, animals, or any portion thereof depicting, describing ',a
or relating to "specified sexual activities" or"specified anatomical areas",
as defined herein, or any books, cards, magazines, periodicals or other
printed matter, photographs, slides, films, motion pictures, or videotapes kr
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified u
anatomical areas" from any exterior source including, but not limited to, by F
` ". display, decoration, sign, show window or other opening.
D. Nudity Prohibited. No manager, employee, server, entertainer or patron y.
in an adult business, other than a licensed bath house, shall appear nude,
unclothed, in less than opaque attire or in any fashion that exposes to
view any "specified anatomical area".
r' E. Certain Acts Prohibited. ,
4 u
1. No manager, employee, server or entertainer shall perform any
specified sexual activities as defined herein, wear or use any device f
or covering exposed to view which simulates any specified
anatomical area, use artificial devices or inanimate objects to
perform or depict any of the specified sexual activities as defined
herein, or participate in any act of prostitution.
tP 2. No manager, employee, server, entertainer or patron of an adult
entertainment business shall knowingly touch, fondle or caress any
specified anatomical area of another person, or knowingly
anatomical area of such employee, server, entertainer or patron,
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whether such specified anatomical areas are clothed, unclothed,
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covered or exposed.
. ; 3. No manager, employee, server or entertainer of an adult
entertainment business shall be visible from the exterior of the adult ;
entertainment business while such person is unclothed or in such
! attire, costume or clothing as to expose to view any specified "a
anatomical area.
4. No adult entertainer shall solicit, demand or receive any payment or
'Y gratuity from any patron or customer for any act prohibited by this
chapter and no adult entertainer shall receive any payment or 'ro
;her gratuity from any customer for any entertainment except as foilows:
a. While such entertainer is on the stage or platform, a ;
customer or patron may place such payment or gratuity into
a box affixed to the stage, or
b. While such entertainer is not on the stage or platform and is
clothed so as to not expose to view any specified anatomical
area, a customer or 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 inches below the
L bottom of the pubic region. rl
.r` 5. No owner, operator, manager or other person in charge of the f
u, premises of an adult entertainment premises shall:
'r a. knowingly permit alcoholic liquor or cereal malt beverages to
be brought upon or consumed on the premises, (unless
otherwise permitted pursuant to Chapter 4, Alcoholic
-' Beverages, of the Code of the City of Jefferson), Y
. b. knowingly allow or permit the sale, distribution, delivery or
'. consumption of any controlled substance or illegal drug or ;r
narcotic on the premises,
i .
C. knowingly allow or permit any person under the age of 18
years of age to be in or upon the premises,
d. knowingly allow or permit any act of prostitution or
patronizing prostitution on the premises, or
811'95-159/P896 19
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knowingly allow or permit a violation of this chapter or an
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y ther city ordinance provision or state law.
F. Signs Required. .
All adult entertainment business shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, or which
uppercase letters shall be at least two inches high, and lowercase letters
at least one inch high, which shall read as follows:
F ISADULT ENTERTAINMENT BUSINESSISREGUL4TED AND LICENSED BY THE CITYOFJEFFERSON
ENTERTAINERSAREto engage in any type of sexual conduct or prostitution on the premises
aress or touch the breasts, pubic region, buttocks or genitals of any
n or other entertainer or to permit any employee, patron or other ndle, caress or touch the breasts, pubic region, buttocks or genitals of
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said entertainer. ;.e
Not permitted to be nude,unclothed,or in less than opaque attire,costume or clothing y
so as to expose to view any portion of the breasts below the top of the areola, or any
portion of the pubic region,buttocks and or genitals,unless upon a stage at least two feet
above the customer floor and a sufficient distance from the customers to prevent the
customers from touching the entertainers. ,
* Not permitted to demand or collect any payment or gratuity from any customer for
entertainment,except as follows: .i
1 - While such entertainer is on the stage,by placing such payment or gratuity into
a box affixed to the stage,or
While such entertainer is not on the stage,by either placing such payment or {
{ gratuity into the entertainer's hand,or under the entertainer's leg garter.
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CUSTOMERSARE.•
* Not permitted to be upon the stage at any time.
i �
G. Lighting Required.
The interior premises of all adult businesses shall be equipped with
overhead lighting of sufficient intensity to illuminate every place to which "
customers are permitted access at an illumination of not less than one
footcandle as measured at the floor level, and such illumination must be
BM 95-159/Po0e 20
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maintained at all times that any customer or patron is present in or on the
premises.
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The exterior premises of all adult business shall be equipped with
h ' overhead lighting of sufficient Intensity to illuminate-�° 9 9 Y every place to which
4; customers are permitted access at an illumination equivalent to not less r
+� than one footcandle in all parking areas and on the general grounds of the
premises as measured at the ground level and there shall be illumination
to the equivalent of not less than five footcandles as measured at the
ground level at each entrance and doorway area, and such illumination
j ; must be maintained at all times that any customer or patron is present on
the premises. 1y
t 4 H. Closed Booths or Room Prohibited.
The premises of all adult entertainment businesses shall be physically
arranged in such manner that the entire interior portions of any booths,
1 ,
cubicles, rooms or stalls is visible from a common area of the premises.
` The use of video cameras to meet this requirement is not allowed.
Visibility shall not be blocked or obscured by doors, curtains, drapes or
any other obstruction whatsoever. The manager shall be required to
position himself/herself so as to be able to view the entire interior portion
of the premises while on duty. a
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Only one person shall be allowed in any booth, cubicle or stall at a time. ;
Such booths, cubicles or stalls shall be constructed out of metal or such
other material that is incapable of perforation by any customer, employee,
entertainer, server or manager on the premises. Other than the entryways '
there shall be no openings, holes, access doors or any other manner of
accessibility between any booth, cubicle, room or stall and any other
booth, cubicle room or stall.
1. Ventilation and Sanitation Requirements.
The premises of all adult entertainment businesses shall be kept in a
sanitary condition. Separate dressing rooms and restrooms for men and
women shall at all times be maintained and kept in a sanitary condition.
J. Hours of Operation.
<� No adult businesses or adult entertainment businesses may be open or in
use between the hours of 1:30 a.m. and 10:00 a.m. on any day other than
a Sunday when the business may not be open between the hours of 1:30 '
a.m. and 12:00 noon.
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,motion 11. LICENSE - POSTING OR DISPLAY.
A. Every person, corporation, partnership, or association licensed under this '
chapter as an adult entertainment business shall post such license in a
conspicuous place and manner on the adult entertainment facility F
premises.
B. Every person holding an adult entertainment server, manager or
entertainer license shall post his or her license in his or her work area on
A the adult entertainment facility premises so it shall be readily available for y
SS inspection by City authorities responsible for enforcement of this chapter.
Section. MANAGER ON PREMISES.
f,
' A. A manager shall be on duty at any adult entertainment business at all
times the premises is open for business. The name of the manager on
duty shall be prominently posted during business hours.
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B. It shall be the responsibility of the manager to verify that any person who
f" provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment servers license and that such licenses are prominently
4 posted.
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C. It shall be the responsibility of the manager to insure persons under the
age of eighteen (18) do not enter upon the premises. k°
Section 3. INSPECTOR AND INSPECTIONS.
All adult businesses shall permit representatives of the Police Department or any
z 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.
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Section t4. SUSPENSION, REVOCATION, OR NON-RENEWAL - LICENSE.
a
Whenever the Finance Department has information that:
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The owner or operator of an adult business or a holder of an adult ,K
entertainment manager, server or entertainer license has violated, or
knowingly allowed or permitted the violation of, any of the provisions of
this chapter; or
BAS 95-159/Page 22
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B. There have been recurrent violations of provisions of this chapter that
r have occurred under such circumstances that the owner or operator of an
adult entertainment business knew or should have known that such
violations were committed; or
t' C. The adult business license or the manager, server or entertainer license
was obtained through false statements in the application for such license,
or renewal thereof, or
D. The adult business licensee or the manager, server or entertainer
licensee failed to make a complete disclosure of all information in the
application for such license, or renewal thereof; or
E. The owner or operator, or any partner, or any corporate officer of director
holding an adult entertainment business license has become disqualified
from having a license by a conviction as provided in Section 9; or
F. The holder of a manager, server or entertainer license has become.
disqualified from having a license by a conviction as provided in Section 9;
Then a panel comprised of the Finance Director, Fire Chief and Director of
Planning and Code Enforcement shall conduct a hearing to determine
a whether the license should be suspended or revoked. Based on the
evidence produced at the hearing, the panel may take any of the following
actions:
1. Suspend the license for up to ninety days.
r 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
chapter 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.
Section 15. RENEWAL.
A. A license may be renewed by making application to the Finance
Department on application forms provided for that purpose. Licenses shall
expire on June 30 of each calendar year, and renewal applications for
such licenses shall be submitted between June 15 and June 30.
BN 9b-189/Pays 23
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x B. Upon timely application and review as provided for a new license, a
} # ' license issued under the provisions of this chapter shall be renewed by
issuance of a new license in the manner provided in this chapter.
C. If the application for renewal of a license is not made during the time
provided in subsection (A) of this section, the expiration of such license
shall not be affected, and a new application shall be required.
Sodon 16, JUDICIAL REVIEW - STAY OF ENFORCEMENT OF ORDERS.
ti Following the entry of an order by the Finance Director, suspending or revoking a
license issued pursuant to this chapter, or disapproving the renewal application
for a license, such licensee or applicant may seek judicial review in a manner
provided by law. The Finance Director may stay enforcement of such order for a
period of time not to exceed 30 days pending the ding and/or final disposition of
proceedings for judicial review.
Section 17. PENALTY.
It shall be unlawful for any person to violate any of the provisions of this chapter.
Upon conviction thereof, such person shall be punished by a fine not exceeding r
$500.00, or be punished by incarceration for a period not to exceed ninety (90)
days, or by both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with, any provision of this chapter shall constitute a
separate and distinct offense.
Section 18. REGULATIONS.
The Finance Director shall have the power to promulgate regulations, as may be
necessary and feasible for the carrying out of the duties of hie/her office and
which are not inconsistent with the provisions of this chapter.
Section 19. SEVERABILITY.
Jx
If any section, subsection, subdivision, paragraph, sentence, clause or phrase in
this ordinance or any part thereof, 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
or any part thereof, The Council hereby declares that it would have passed this
ordinance and each section, subsection, subdivision, paragraph, sentence,
clause or phrase in this ordinance or any part hereof irrespective of the fact that
any one or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional.
` 81195.159/Page 24
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