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Chapter 2.5
ADULT ENTERTAINMENT BUSINESSES*
*Editor’s note-Ordinance No. 2850, adopted June 14, 1993, did not specifically amend this Code; hence, codification of §§ 1(1)-(25) of said ordinance as §§ 2.5-1 – 2.5-25 herein was at the editor’s discretion.
Cross reference-AE adult entertainment district regulations, § 27-119.
Sec. 2.5-1. Declaration of findings and policies.
The city council makes findings of fact and declares the policy of the city to be as follows:
(1) 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.
(2) Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(Ord. No. 2850, § 1(1), 6-14-93)
Sec. 2.5-2. Application of other provisions.
(a) The businesses and activities regulated under this ordinance are subject to the general provisions of the Code of Ordinances of Warrensburg, Missouri, as set forth now or hereafter amended. In the event of a conflict between the provisions of this chapter and other parts of the Code, the provisions of this chapter shall control.
(b) The licenses and fees required by this chapter shall be in addition to any other licenses and fees required by the Code, except that a person issued a license under the provision of Chapter 3 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 chapter.
(Ord. No. 2950, § 1(2), 6-14-93)
Sec. 2.5-3. Definitions.
For purposes of this chapter, and unless the context plainly requires otherwise, the following definitions are adopted:
Administrator shall mean the City Manager of the City of Warrensburg, Missouri, or his designee.
Adult cabaret shall mean 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 (5) 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 entertainer arcade shall mean 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 (5) 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 entertainment business shall mean an adult entertainer arcade or adult cabaret.
Adult entertainment facility shall mean 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 entertainer 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 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 shall mean the bounds of the enclosure of an adult entertainment facility that is licensed, or part of which is licensed, as an adult entertainment business.
Customer shall mean any person who:
(1) 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
(2) Enters an adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of an adult entertainment business operating as a private club.
Employee shall mean 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 shall mean any person who provides adult entertainment within an adult entertainment business, whether or not a fee is charged or accepted for entertainment.
Entertainment shall mean any exhibition or dance of any type, pantomime, modeling or any other performance.
Manager shall mean 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.
Operator shall mean any person operating, conducting or maintaining an adult entertainment business.
Owner or owners shall mean the proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; or all officers, directors, and persons holding ten (10) percent or more of the outstanding shares, if a corporation.
Public place shall mean 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 shall mean 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 humane male genitals in a discernible erect state, even if completely and opaquely covered.
Specified sexual activities shall mean 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 sadomasochistic abuse or acts including animals or any latent objects in a act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.
Viewing area shall mean the area where a customer or member would ordinarily be positioned while watching an exhibition, performance or dance.
(Ord. No. 2850, § 1(3), 6-14-93)
Sec. 2.5-4. License.
(a) 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.
(b) 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.
(c) It shall be prima facie evidence that any adult entertainment business that fails to have posted, in the manner required by this chapter, 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 in which a license is not posted, in the manner required by this chapter, had knowledge that such business was not licensed or that such business’s license was suspended or revoked.
(Ord. No. 2850, § 1(4), 6-14-93)
Sec. 2.5-5. 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.
(Ord. No. 2850, § 1(5), 6-14-93)
Sec. 2.5-6. Licenses and permits-Classification and fees.
(a) The license or permit year for all fees required under this chapter 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.
(b) The classification of licenses for an adult entertainment business, and the fees for each, shall be as follows:
(1) Adult arcade license- Three hundred fifty dollars ($350.00).
(2) Adult cabaret license-Three hundred fifty dollars ($350.00).
(c) The classification of permits for an adult entertainment business, and the fees for each, shall be as follows:
(1) Adult entertainment manager’s permit-Fifty dollars ($50.00).
(2) Adult entertainer’s permit-Twenty-five dollars ($425.00).
(Ord. No. 2850, § 1(6), 6-14-93)
Sec. 2.5-7. 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:
(1) The name, residence address, home telephone number, business telephone number, date and place of birth, and social security number of the applicant;
(2) The business name, address and telephone number of the establishment;
(3) The names, residence addresses, residence telephone numbers, social security numbers and dates of births of all partners, if the applicant is a partnership; or if the applicant is a corporation, of all corporate officers and directors;
(4) If the applicant is a corporation, the names, residence addresses, social security numbers and dates of birth of all shareholders having a ten (10) percent or greater interest in the corporation;
(5) Addresses of the applicant, or of all partners, or of all corporate officers and directors, for the five (5) years immediately prior to the date of application;
(6) A description of the adult entertainment or similar business history of the applicant, or of all partners, or of all corporate officers, directors, and any shareholder having ten (10) 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 therefor, and the activity or occupation subjected to such discipline, suspension or revocation;
(7) A description of the business, occupation, or employment of the applicant, or of all partners, or of all corporate officers and directors, for the three (3) years immediately preceding the date of application;
(8) A statement from the applicant, or from each partner, or from each corporate officer, director and any shareholder having ten (10) 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 listed in section 2.5-8(a) of this chapter, during the respective time periods provided in that section;
(9) A photograph, to be taken by the administrator, of the applicant, or of all partners, or of all corporate officers and directors;
(10)If the applicant is a corporation, a current certificate of good standing issued by the Missouri Secretary of State;
(11)A verification from the applicant, from each partner, and from each corporate officer, director and nay shareholder having ten (10) 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 entertainers’ 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 name or nicknames previously used or planned to be used in entertaining;
(2) 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 chapter;
(3) 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 2.5-8(a), during the respective time periods provided in that section;
(4) A statement from the applicant that he or she has not had an entertainer’s permit issued under this chapter, or similar ordinance, revoked within five (5) 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 (18) years. Any of the following shall be accepted as documentation of age:
a. A motor vehicle operator’s license issued by any state bearing the application’s photograph and date of birth.
b. A state-issued identification card bearing the applicant’s photograph and date of birth.
c. An official passport issued by the United States of America;
d. An immigration card issued by the United States of American;
e. Any other picture identification issued by a governmental entity;
f. Such other form of identification issued by a governmental entity;
g. 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.
(Ord. No. 2850, § 1(7), 6-14-93)
Sec. 2.5-8. Issuance of licenses or permits-Findings.
(a) After an investigation, the administrator shall issue the applicable license authorized by this chapter 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;
(2) 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;
(3) The applicant, or any of his, her or its employees, agents, partners, 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);
(4) The applicant, and all employees, agents, partners, directors, officers, or managers of the applicant have attained the age of eighteen (18) years;
(5) The applicant, any partner, or any corporate officer, director, and any shareholder having ten (10) percent or greater ownership interest in the corporation, as not been convicted of a felony or entered a plea of guilty to a felony within five (5) 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 (2) 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 substance, 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 violation or entered a plea of guilty or nolo contendere to a municipal ordinance violation, within two (2) 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;
(6) The applicant, or any partner, or any corporate officer, director, and any shareholder having ten (10) percent or greater ownership interest in the corporation, has not had a license or permit issued under the provisions of this chapter, or similar ordinance, revoked within five (5) years immediately preceding the date of filing the application;
(7) The applicant, all partners, and all corporate officers, directors and any shareholder having ten (10) 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 chapter if the director finds:
(1) 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);
(2) The applicant has attained the age of eighteen (18) years;
(3) The applicant has not been convicted of a felony or entered a plea of guilty, or nolo contendere, to a felony within five (5) 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 (2) 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 offences, 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 (2) 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;
(4) The applicant has not had a license or permit issued under the provisions of this chapter, or similar ordinance, revoked within (5) years immediately preceding the date of filing the application.
(Ord. No. 2850, § 1(8), 6-14-93)
Sec. 2.5-9. Same-Time.
(a) The license application for an adult entertainment business shall be approved or disapproved within thirty (30) days from the date of filing a completed application which complies with the requirements of this chapter, unless the applicant agrees in writing to an extension of such time period. It shall be the 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 (20) 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 thirty (30) days from the date of filing a completed application which complies with the requirements of this chapter, 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 chapter and such permit shall be withdrawn by the administrator in the event the permittee violates any provisions of this chapter. Additionally, any manager or entertainer issued a temporary permit shall be subject to the penalty provisions provided in this chapter. 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 chapter may request a hearing in writing, within twenty (20) days of the date indicated on the notice of disapproval, or if no such notice of disapproval is provided, within sixty (60) days of the date the application was filed. After such hearing, the applicant may seek further judicial review in the manner provided by law.
(Ord. No. 2850, § 1(9), 6-14-93)
Sec. 2.5-10. 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, zoning, 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 nonrenewal of the license.
(Ord. No. 2850, § 1(10), 6-14-93)
Sec. 2.5-11. Standards 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:
(1) 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 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.
(2) No employee or entertainer shall:
a. Perform any specified sexual activities;
or
b. Display any specified anatomical area,
except as provided for in subsection (1)
of this section.
(3) No employee or entertainer who is either not separated from any and all customers as provided in subsection (1) of this section, 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 subsection (1) of this section.
(4) 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 clothes, 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, unclothe, covered or exposed.
(5) No entertainer of any adult arcade shall be visible from any public place during the hours of his or her employment, or apparent hours of his or
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