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HomeMy WebLinkAboutOrd.1698.04-03-1995 � BILL NO. 95-68 ORDINANCE NO. ��� ��L AN ORDINANCE ENACTING A NEW ARTICLE XV OF CHAP'TER 15, PROVIDING FOR '�I� LICENSING AND REGULATION OF ADULT BUSINESSES VVITfIIN T'I� CITY OF CAPE GIRARDEAU; ESTABLISHING FEES; AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS, the Cape Girardeau City Council has considered public comment, case law, surveys, case studies and other information before it, including but not limited to the following: • "Report of the Attorney General 's Working Group on the Regulation of Sexually Oriented Businesses" prepared by the Attorney General of the State of Minnesota and dated June 6, 1989 • Evidence of Secondary Adverse Effects of Sexually Oriented Businesses, prepared by David Caton, State Director, American Family Association of Florida • Oklahoma State Bureau of Investigation, David O. Harper, Director, "Rape Statistics - Oklahoma County - Vs. Balance of Oklahoma 1983 through 1988" • Testimony of H. Robert Showers, Executive Director, National Obscenity Enforcement Unit, Criminal Division, United States Department of Justice on 5. 2033 , The Child Protection and Obscenity Enforcement Act of 1988, before the Judiciary Committee, United States Senate, June 8, 1988 • "A Psychologist's View of Pornography" by Dr. Victor Cline, University of Utah • University of Utah, Department of Psychology, Memo dated June 3 , 1986 from Victor B. Cline, PhD, Professor of Psychology to David E. Caton, NFD • Article entitled "Pornography: A Report, An In-depth Look at the Effects of Pornography" published by American Family Association, Tupelo, Mississippi, Copyright 1989 • Letter to David E. Caton from Carmen Davis • City of Oklahoma City, Community Development Department, Planning Division, "Adult Entertainment Businesses in Oklahoma City, A Survey of Real Estate Appraisers" , dated March 3 , 1986 • Seattle, Washington, Department of Construction and Land Use, "Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets" dated March 1989 3-20-95 • "A Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo, Texas", prepared by Amarillo Planning Department • City of Beaumont, Texas, Planning Department, Memorandum on "Regulation of Adult Uses; Revised September 14 , 1982" • "Adult Business Study" dated May 25, 1979, conducted by Planning Department, City of Phoenix, Arizona • Houston, Texas, Committee on the Proposed Regulation of Sexually Oriented Business, Legislative Report on Regulation of Sexually Oriented Commercial Enterprises, Adult Bookstores, Adult Movie Theatres and Massage Establishments, dated November 30, 1983 • "Adult Entertainment Businesses in Indianapolis (Indiana) , An Analysis" , dated February, 1984, prepared by Department of Metropolitan Development, Division of Planning • Article entitled "Adult Oriented Businesses in Austin" , (Texas) • National Law Center for Children and Families, Alexandria, Virginia, Summary of Land Use Studies for 1) Phoenix, Arizona; 2) Tucson, Arizona; 3) Garden Grove, California; 4) Los Angeles, California; 5) Whittier, California; 6) Indianapolis, Indiana; 7) Minneapolis, Minnesota; 8) Cleveland, Ohio; 9) Oklahoma City, Oklahoma; 10) Amarillo, Texas; 11) Austin, Texas; 12) Beaumont, Texas; 13) Houston, Texas; 14) Seattle, Washington • City of Gladstone, Missouri, Ordinance No. 3 . 350 • City of St. Louis Ordinance pertaining to indecent and lewd conduct and books • City of Carbondale, Illinois, City Ordinance pertaining to entertainment • City of Scott City, Missouri, Ordinance pertaining to erotic dancing • City of Blue Springs, Missouri, Ordinance pertaining to lewdness • A proposed ordinance for the City of Hattiesburg, Mississippi • A model public nudity ordinance developed for use in the State of Mississippi WHEREAS, the experiences of other communities as evidenced by the above referenced materials are relevant and material to the conditions and needs of the City of Cape Girardeau, Missouri, and WHEREAS, the Cape Girardeau City Council being aware that the United States Supreme Court has ruled that cities may rely on the experience of other communities with regard to the adverse effects of adult businesses in neighborhoods and on community improvement efforts and with regard to the harmful effects on areas of the community and 2 • 3-20-95 the contribution to neighborhood blight created by adult businesses and the Council has relied on the experience of such other communities as evidenced by the research materials described hereinabove and based on the experience of other communities, the City Council has determined that adult businesses bring to the community certain secondary adverse affects; The Cape Girardeau City Council now makes the following legislative findings of fact based on its study of the experience of such other communities, taking into consideration the needs and conditions of the City of Cape Girardeau, Missouri: A. That certain conduct commonly occurring at or near adult businesses or on premises offering adult entertainment is detrimental to the public health, safety, and general welfare of citizens of the City and, therefore, such conduct must be regulated as provided herein; and B. That adult businesses and businesses that provide adult entertainment are associated with and promote prostitution, illegal drug use and other criminal activity which constitute an immediate threat to the public peace, health, morals and safety; and 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 and regularly occurred in and 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 adverse economic impact on surrounding residential and commercial property owners; and E. That the increased criminal activity and economic impact of adult businesses is 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; and F. That it is necessary to regulate and license adult businesses in order to facilitate the enforcement of locational and distancing requirements of the City Code; to facilitate the monitoring of adult uses to discover whether they are causing the adverse secondary effects the courts have acknowledged they frequently create; and to ensure that adult businesses do not violate criminal laws such as those against prostitution, obscenity and the employment of minors as entertainers as that term is defined in this ordinance and to assist in the enforcement of building code requirements; and G. That the license fee 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. 3 . 3-20-95 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Sections 15-431 through 15-439 of the Code of Ordinances of the City of Cape Girardeau, Missouri, are hereby reserved. ARTICLE 2. A new Article XV of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Adult Business" , is hereby enacted, in words and figures, to read as follows: ARTICLE XV. ADULT BUSINESS Sec. 15-440. Definitions. For the purposes of this Chapter and unless the c�ntext 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 B. The definition of "adult business" also includes any and all of the following, as defined herein: 1. "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 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 bookstore as defined herein. 2 . "Adult bookstore" means an establishment which as a regular and substantial business purpose, offers for sale or rent, books, magazines, periodicals or other printed material, 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" . 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 . 3-20-95 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 matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" . 5. "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 portion of its business. 6. "Adult motion picture theater" means an establishment containing a room with seats facing a screen or projection area, where a regular and substantial business purpose 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" . 7 . "Body painting studio" means an establishment where a regular and substantial business purpose is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customers view "specified anatomical areas�� . 8 . "Bath house" means an enterprise where a regular and substantial business purpose is offering baths with other persons present who are nude or displaying "specified anatomical areas" . 9 . "Adult motel" means an enterprise where a regular and substantial business purpose is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and rents room accommodations for less than six (6) hours at a time. C. "Adult entertainment'• means any live exhibition, performance, display or dance of any type, conducted in an "adult entertainment business" including but not limited to posing or serving food or beverages or soliciting for the sale of food, beverages or entertainment or pantomiming or modeling or removal of clothing on an adult business 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 members, and such exhibition, performance, display or dance is characterized by emphasis on matters depicting, describing 5 . 3-20-95 or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons or members. D. NEmployee" means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult business. E. "Entertainer" means any person who provides adult entertainment within an adult entertainment business as defined in this section, whether or not a fee is charged or accepted for entertainment. F. "Manager" means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of an activity at an adult business. G. "Operator" means any person operating, conducting or maintaining an adult business. H. "Patron" means any individual who may be described as but not limited to the following: A customer, client, guest, member, observer or private club member, while on the premises of an adult 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. J. "Premises" means any place of business of an adult business which shall include the entire lot and building occupied by the adult business and any 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 business. K. "Public place" means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not. L. "Server" means any person who serves food or drink at an adult business. M. "Specified anatomical area" means (1) human male or female genitals or pubic area with less than a fully opaque covering; or (2) human buttocks including any portion of the anal cleft or cleavage of the male or female buttocks with less than a fully opaque covering; or (3) the female breast or breasts below a point immediately above the top of the areola encircling the nipple with less than a fully opaque covering, or any combination of the foregoing; or (4) human male genitals in a discernibly erect state, even if completely and opaquely covered. 6 . 3-20-95 N. "Specified se�rual 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 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 object in an act of apparent sexual stimulation or gratification. O. "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; or (3) thirty-three percent (33%) or more of the gross sales of the business are derived from that purpose. Sec. 15-441. License Required for Adult Business. A. It is unlawful for any person to operate or maintain an adult business in the City unless the owner, operator or lessee thereof has obtained an adult business license from the City. B. It is unlawful for any entertainer, server, employee, manager, operator or owner to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult business. C. It shall be prima facia evidence that any adult business that fails to have posted an adult business license, in the manner required by this section, has not obtained such a license. In addition, it shall be prima facia evidence that any entertainer, server, employee, manager, operator or owner who performs any business, service or entertainment in an adult business, in which an adult business license is not posted, in the manner required by this section, has knowledge that such business was not licensed. Sec. 15-442. License Required for Managers, Servers & Entertainers. It is unlawful for any person to work as an entertainer, server or manager at an adult business without first obtaining a license to do so from the City. Sec. 15-443. License, Classification and Fees. A. The license year for all fees required under this chapter shall be from July 1 through June 30. The application for a license shall be accompanied by payment in full of the fee stated in this section by certified or cashier's check or money order; and no application shall be considered complete until such fee is paid. B. Al1 licenses shall be issued for a specific location and shall be non-refundable and nontransferable. 7 . 3-20-95 C. The classification of licenses and fees for each shall be as follows: 1. Adult business license fee is $40. 00 per year; 2 . Manager's license fee is $20. 00 per year; 3 . Entertainer's license fee is $20. 00 per year; 4. Server's license fee is $20. 00 per year. Sec. 15-444. License Limited to One Identi�able Type of Adult Use. Al1 adult business licenses shall be issued only for the one adult business use listed on the application. Any change in the type of adult use shall invalidate the adult business license. More than one (1) adult business use shall not be allowed at a single location. Sec. 15-445. License Application. A. Adu1t Business License. All persons desiring to secure a license to operate an adult business under the provisions of this chapter shall make a notarized application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information: 1. The name, residence address, home telephone number, occupation, date and place of birth and social security number of the applicant. 2 . The name of the adult business, a description of the type of business to be performed on the licensed premises, and the name of the owner of the premises where the adult 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 ten percent (10%) or greater interest in the corporation. 4 . If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State. 5. A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true 8 . 3-20-95 and correct and that the applicant has read the provisions of this chapter regulating adult businesses. 6. An application for an adult business license may be denied if the applicant fails to supply all the information requested on the application or if the applicant gives materially false, fraudulent or untruthful information on the application. B. Manager, Server or Entertainer License. All persons desiring to secure a license under the provisions of this chapter to be a manager, server or entertainer shall make a notarized application with the City Clerk. All applications shall be submitted in the name of the person proposing to be a manager, server or entertainer. Al1 applications shall be submitted on a form supplied by the City Clerk and shall require the following information: 1. The applicant's name, home address, home telephone number, date and place of birth, and social security number. 2 . The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age: a. A valid motor vehicle operator's license issued by any state, bearing this applicant's photograph and date of birth; 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 City Clerk; or f. Any other form of identification deemed reliable by the City Clerk. 3 . Upon receipt of an application in proper form, receipt of the appropriate fee and appropriate proof of age as required by Subparagraph 2 above, the City Clerk shall immediately issue to the applicant the manager, server or entertainer license as applied for. 9 . 3-20-95 4 . An application for a manager, server or entertainer license may be denied if one or more of the following conditions exist: a. The employer for whom the applicant intends to work does not have or is ineligible to receive an adult business license for any of the reasons set forth in this Code; b. The applicant failed to provide all the information required on the application; c. The applicant gave materially false, fraudulent, or untruthful information on the application. C. Facilities Necessary. 1. No adult business license to conduct a bath house or body painting studio shall be issued unless an inspection by the City Inspection Services Department, or his/her authorized representative reveals that the premises the applicant intends to conduct business from complies with each of the following minimum requirements: a. The walls shall be cleaned and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt, or refuse. All 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 (1) 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. b. Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (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 (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein. c. 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. 10. 3-20-95 The City Inspection Services Department, or his/her 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 City Clerk. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate City official may recommend the issuance of a license contingent upon the compliance with any requirements in this section. 2 . All adult businesses must comply with requirements and meet the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. D. Application Processing. Upon receipt of a complete application for an adult business license, the City Clerk shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Director of Inspection Services. It shall be the duty of the Chief of Police or his/her designee to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. It shall be the duty of the Director of Inspection Services, to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Director of Inspection Services shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police and Director Inspection Services, the City Clerk shall submit to the City Manager for consideration, provided the license application for an adult business license shall be approved or disapproved within twenty (20) days from the date of filing of the completed application with the City Clerk's office. E. Signs Required. All adult businesses shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least one-half (1/2) inch high, and lowercase letters at least one-fourth (1\4) inch high, which shall read as follows: 11 . 3-20-95 THIS ADULT BDSINESS IS REGULATED AND LICENSED BY THE CITY OF CAPS GIRARDEAU ENTERTAINERS ARF.: • Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer. • Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and or genitals. • Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows: - While such entertainer is on the stage, by placing such payment or gratuity into a box affixed no less than ten (10) feet from the stage. C�STOXERS ARE: • Required to be at least eighteen (18) years of age. • Not permitted to be closer than ten (10) feet from the stage at any time. • Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution. F. 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 (1) footcandle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises. The exterior premises of all adult business shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination equivalent to not less than one (1) 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 (5) footcandles as measured at the ground level at each entrance and doorway area, and such illumination must be 12 . 3-20-95 maintained at all times that any customer or patron is present on the premises. G. CZosed Booths or Rooms Prohibited. The premises of all adult businesses shall be physically arranged in such manner that the entire interior portions of the premises and of any booths, cubicles, rooms or stalls is visible from a common area of the business. 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. Only one (1) person shall be allowed in any booth, cubicle or stall at a time. Such booths, cubicles or stalls shall be constructed out of inetal 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. H. Ventilation and Sanitation Requirements. The premises of all adult 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. Sec. 15-446. Examination of Application, Issuance of License, Disapproval. A. If the application for an adult business, manager, server or entertainer license is in proper form and accompanied by the appropriate license fee, the City Manager shall examine the application, and after such examination, the City Manager shall, if the applicant is qualified, approve a license as provided for by law. B. The record of the City Manager shall show the action taken on the application, and if the license is granted, the City Manager shall direct the City Clerk to issue the proper license. The license shall state that it is not transferable to other persons or entities and the calendar year for which it is issued. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working. C. If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known address, and the notification 13 . 3-20-95 shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law. SeC. 15-447. THIS SECTION IS RESERVED. Sec. 15-448. Standards of Conduct. The following standards of conduct shall be adhered to by all adult businesses, their employees and all managers, servers and entertainers and patrons of adult businesses, while on or about the premises of the business, whether licensed or not: A. The conduct of adult entertainment shall be confined to a stage or platform, which stage or platform shall be elevated at least two (2) feet above the elevation of the main floor of the structure and any person providing adult entertainment shall maintain a distance of not less than ten (10) feet from all patrons of the establishment; further, no patron shall be permitted to approach to a distance less than ten (10) feet from the stage upon which the adult entertainment is being presented. B. Age Restriction. Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult business. C. Exterior Observation and Display. No adult business will be conducted in any manner that permits the observation or display of performers, servers, or entertainers engaged in an erotic depiction or dance or any material or persons, caricatures, animals, or any portion thereof depicting, describing 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 which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any exterior source including, but not limited to, by display, decoration, sign, show window or their opening. D. Nudity Prohibited. No person in an adult business, other than a patron in a licensed bath house, shall appear nude, unclothed, or in any fashion that exposes to view any "specified anatomical areas" . E. Certain Acts Prohibited. l. No manager, employee, server, entertainer or patron shall perform any "specified sexual activities" as defined herein, wear or use any device or covering exposed to view which simulates any "specified anatomical areas" , use artificial devices or inanimate objects to perform or depict 14 . 3-20-95 any of the "specified sexual activities" as defined herein, or participate in any act of prostitution. 2 . No manager, employee, server, entertainer or patron of an adult business shall knowingly touch, fondle or caress any "specified anatomical area" of another person, or knowingly permit another person to touch, fondle or caress any "specified anatomical area" of such manager, employee, server, entertainer or patron, whether such "specified anatomical areas" are clothed, unclothed, covered or exposed. 3 . No manager, employee, server or entertainer of an adult business shall be visible from the exterior of the adult business while such person is unclothed or in such attire, costume or clothing as to expose to view any "specified anatomical area" . 4 . No entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this chapter and no entertainer shall receive any payment or gratuity from any customer for any adult entertainment except a performer or patron may place such payment or gratuity into a box affixed no less than ten (10) feet from the stage. 5 . No owner, operator, manager or other person in charge of the premises of an adult premises shall: a. Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, (unless otherwise permitted pursuant to Chapter 5, Alcoholic Beverages, of the City Code) . b. Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises. c. Knowingly allow or permit any person under the age of eighteen (18) 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. e. Knowingly allow or permit a violation of this chapter or any other city ordinance provision or state law. F. Hours of Operation. No adult business may be open or in use between the hours of 1: 30 a.m. and 6: 00 a.m. on weekdays and Saturdays and between the hours of 1: 30 a.m. on Sunday and 6: 00 a.m. on Monday. 15. 3-20-95 Sec. 15-449. License -- Posting or Display. A. Every person, corporation, partnership, or association licensed under this chapter as an adult business shall post such license in a conspicuous place and manner on the adult business premises. B. Every person holding a server, manager or entertainer license shall post his or her license in his or her work area on the adult business premises so it shall be readily available for inspection by City authorities responsible for enforcement of this chapter. Sec. 15-450. Manager on Premises. A. A manager shall be on duty at any adult business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours. B. It shall be the responsibility of the manager to verify that any person who 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 posted. C. It shall be the responsibility of the manager to insure persons under the age of eighteen (18) do not enter upon the premises. Sec. 15-451. Inspector and Inspections. A. Al1 adult businesses shall permit City officials acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws. B. The business premises must comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. Sec. 15-452. Renewal. A. A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on June 30 of each calendar year, and renewal applications for such licenses shall be submitted prior to June 1 to ensure processing by July 1. B. Upon timely application and review as provided for a new license, a license issued under the provisions of this chapter 16 . 3-20-95 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. Sec. 15-453. 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 to exceed Five Hundred Dollars ($500. 00) , or be punished by incarceration for a period not to exceed three (3) months, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this chapter shall constitute a separate and distinct offense. ARTICLE 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter 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 chapter or any part thereof. The Council hereby declares that it would have passed the ordinance which adopted this Chapter and each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Chapter 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. ARTICLE 4. It is the intention of the governing body and it is hereby ordained by the Council that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval except, however, Sections 15-441, 15-442 , 15-443 , 15-444 , 15-445, 15-446, 15-449 , and 15-452 will take effect July 1, 1995. PASSED AND APPROVED THIS � DAY OF �,�',Oiu�Q , 19�. A. . Sp adling, II , Mayor ATTEST: � f-� �1 �f'% � 9 �' N�/.x.0�' „/ i .%�)l.'sr?(�1, G�ayl� L. Conrad Deputy City Clerk 17 • 3-20-95