§ 14-260. License application.

(a)

Adult entertainment license. All persons desiring to secure a license to operate an adult entertainment business under the provisions of this article 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 entertainment business. All applications shall be submitted on a form supplied by the city clerk and shall require the following information:

(1)

The name, resident's address, home telephone number, 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 type of business to be performed on the licensed premises, and the name of the owner of the premises where the adult entertainment business will be located.

(3)

The names, resident's 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 (10) percent 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 is required.

(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 and correct and that the applicant has read the provisions of this article regulating adult entertainment businesses.

(6)

An application for an adult entertainment 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 or owner license requirements. All persons desiring to secure a license under the provisions of this article to be a manager or owner 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 or owner. All 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)

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 subsection (2) above, the city clerk shall issue to the applicant, the manager or owner of the adult entertainment license as applied for.

(c)

An application for an adult entertainment license may be denied if one (1) or more of the following conditions exist:

(1)

The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment license for any of the reasons set forth in this Code;

(2)

The applicant failed to provide all the information required on the application;

(3)

The applicant gave false, fraudulent, or untruthful information on the application;

(4)

The applicant is a convicted felon, or convicted of a felony and/or sex offense. (See definition sex offender.)

(d)

Facilities necessary.

(1)

No adult entertainment license to conduct a bath house or body painting studio shall be issued unless an inspection by the city inspection 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 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 male/female gender 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 male/female gender accommodated therein. 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.

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.

The city inspection 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 entertainment businesses must comply with requirements and meet the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the city.

(e)

Application processing. Upon receipt of a complete application for an adult entertainment 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 code administrator.

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 codes administrator to determine whether the building and/or premises where the adult entertainment 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 codes administrator 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 code administrator, the city clerk shall submit the application and reports to the city manager for consideration, provided the license application for an adult entertainment license shall be approved or disapproved within twenty (20) days from the date of filing of the completed application with the city clerk.

(f)

Signs required. All adult entertainment 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 (½) inch high, and lowercase letters at least one-fourth (¼) inch high, which shall read as follows:

THIS ADULT ENTERTAINMENT BUSINESS IS
REGULATED AND LICENSED
BY THE CITY OF KIRKSVILLE

ENTERTAINERS ARE:

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 appear 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, or platform a payment or gratuity may be placed into a box affixed no less than ten (10) feet from the stage or platform.

CUSTOMERS OR PATRONS 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.

(g)

Lighting required. The interior premises of all adult entertainment 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 entertainment businesses 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 maintained at all times that any customer or patron is present on the premises.

(h)

Closed booths or rooms prohibited. The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire interior portions of the premises and of any booths, cubicles, rooms or stalls are 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 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.

(Ord. No. 11743, § 1, 2-6-2006; Ord. No. 11950 § 1, 2-7-2011)