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Chapter 605: LIVE ADULT ENTERTAINMENT ESTABLISHMENTS

Section 605.010.  Definitions. [Ord. No. 10-976 §1, 1-20-2010]

The following definitions shall apply to this Chapter: 

ADULT ENTERTAINMENT ESTABLISHMENT — An entertainment facility or business in which there is any live exhibition, performance or dance as characterized by the exposure of any specified anatomical area even if covered by opaque clothing, or by attire, costume or otherwise appear in such attire, costume or clothing so as to emphasize or expose, even through opaque clothing, the view to specified anatomical areas.  

CUSTOMER — Any person who:  

  1.       Is allowed to enter an adult entertainment establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or  
  2.       Enters an adult entertainment establishment 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 establishment operating as a private club.    

EMPLOYEE — Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services whatsoever directly related to the operation of an adult entertainment establishment.  

ENTERTAINER — Any person who provides adult entertainment within an adult entertainment establishment as defined in this Section, whether or not a fee is charged or accepted for entertainment.  

MANAGER — Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment establishment.  

PUBLIC PLACE — Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.  

SERVER — Any person who serves food or drink at an adult entertainment establishment  

SPECIFIED ANATOMICAL AREAS — Less than completely and opaquely covered:  

  1.       Human genitals, pubic region or pubic hair; or  
  2.       Buttock; or  
  3.       Female breast or breasts below a point immediately above the top of the areola; or  
  4.       Any combination of the foregoing; or  
  5.       Human male genitals in a discernible erect state, even if completely and opaquely covered.    

SPECIFIED SEXUAL ACTIVITIES — Sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses Chapter of the Missouri Criminal Code.  

Section 605.020.  Unlawful Erotic Activities. [Ord. No. 10-976 §2, 1-20-2010] 

 A.    It shall be unlawful for any entertainer or employee to fondle, caress, or touch any customer or other entertainer or employee in any manner in a specified anatomical area or for any customer to fondle, caress, or touch any entertainer or employee or other customer in any manner in a specified anatomical area, whether such specified anatomical area is clothed, unclothed, covered or exposed. 
 B.    It shall be unlawful for any entertainer to perform at a distance of less than ten (10) feet from customers or to touch any customer while performing. 
 C.    It shall be unlawful for any entertainer to perform on a stage that is not raised at least two (2) feet above the area on which the customer or customers sit or stand. 
 D.   It shall be unlawful for any customer to tip, pay, give a gratuity or other thing of value to any entertainer or to someone else in his or her behalf and it shall be unlawful for any entertainer to receive from a customer in any manner any tip, pay, gratuity or other thing of value either directly or indirectly. It shall also be unlawful for any entertainer or employee to solicit any pay, tip, gratuity, or other thing of value from any customer. 
 E.     It shall be unlawful for an entertainer or employee to perform any specified sexual activities as defined herein, wear or use any device 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. 
 F.     It shall be unlawful for an entertainer or employee to be visible from the exterior of the adult entertainment establishment while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area. 
 G.    It shall be unlawful to operate an adult entertainment establishment in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, from any exterior source by display, decoration, sign, show window or other opening.   

Section 605.030.  License Required. [Ord. No. 10-976 §3, 1-20-2010] 

 A.    It shall be unlawful for any adult entertainment establishment to allow adult entertainment to occur on premises within the City of La Plata, before or until the owner of such business has applied to the office of the Deputy City Clerk for a license to operate such business and such license has been duly approved by the Board of Aldermen, or to operate such establishment after such license has been revoked or suspended by the City, or has expired, as set forth in this Chapter. 
 B.    It shall be unlawful for any adult entertainment establishment to allow a manager to work at or an entertainer to perform on premises within the City of La Plata, before or until such manager or entertainer has applied to the office of the City Clerk for a license and such license has been duly issued by the City Clerk, or to work at such establishment after such license has been revoked or suspended by the City, or has expired, as set forth in this Chapter. 
 C.    No licensed entertainer shall perform in any adult entertainment establishment which does not have a valid license as required by this Chapter. 
 D.    Every owner, manager, entertainer or other employee required to be licensed by this Chapter shall post such license in a conspicuous place on the licensed premises so it is readily available for inspection by city authorities responsible for enforcement of this Chapter yet is not viewable from the public areas of the establishment.   

Section 605.040.  Application for License — Board of Aldermen Consideration — Renewal. [Ord. No. 10-976 §4, 1-20-2010] 

 A.    An application for license for the operation of an adult entertainment establishment in the City shall be obtained from the City Clerk. 
 B.    Each such application shall be submitted in the name of the person proposing to conduct or operate the adult entertainment establishment and shall be notarized. All applications shall contain 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 business name, address and telephone number of the establishment, a description of the adult entertainment to be performed on the premises, and the name or names 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 birth 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. 
  4.       The 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 the application. 
  5.       A description of the adult entertainment or similar business history of the applicant, or of all partners, or of all corporate officers and directors; whether any such person or entity, in previously operating in this or another City, County or State, has had a business license revoked or suspended, the reason therefore, and the activity or occupation subjected to such action, suspension or revocation. 
  6.       A statement of the business, corporation 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 the application. 
  7.       A statement from the applicant, or from each partner, or from each corporate officer and director, that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on: 
             a.  A felony criminal act within five (5) years immediately preceding the application; or 
             b. A misdemeanor criminal act within five (5) years immediately preceding the application, where such misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.

              The statement shall also indicated that the applicant, each partner or corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or the sale of controlled substances or illegal drugs or narcotics.  

      

  1.       If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State. 
  2.       A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter.   
 C.    Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The Board of Aldermen shall, within forty-five (45) days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the Board of Aldermen. If the application meets all the requirements as set forth in this Chapter, the Board may issue a license for operation of the adult entertainment establishment. Such license shall be issued until June thirtieth (30th) of the year in which such license is issued, or June thirtieth (30th) of the year in which such licenses issued under this Chapter are subject to the fee schedule in Section 605.080 of this Chapter, and must be renewed annually in the same manner as provided above. 
 D.    Such license shall not be issued if the applicant has been convicted of, released from confinement for conviction of, or diverted from prosecution of any of the crimes as set forth in Subsection (B)(7) of this Section.   

Section 605.050.  Transferability — Revocation and/or Suspension of License. [Ord. No. 10-976 §5, 1-20-2010] 

 A.    Any license issued under this Chapter shall not be transferable, either to any person, persons or other entities. 
 B.    Any license issued under this Chapter may be suspended by the City Clerk and subject to possible revocation by the Board of Aldermen upon a showing in any Municipal or Circuit Court of probable cause leading to formal charges against the applicant, manage, owner or part owner of the business so licensed for any misdemeanor or felony offense. The suspension shall be lifted upon dismissal of such charges, acquittal in a court of law, or, in the case of a manager, upon the installation of a new manager. 
 C.    Any license issued under this Chapter may be revoked by the Board of Aldermen upon a showing: 
  1.       Of violations of the standards of this Chapter. 
  2.       That such license was obtained through false statements in the application for such license or renewal thereof. 
  3.       That the owner or operator, or any partner, or any corporate officer or director, or any other individual holding such a license has become disqualified from having such a license by a conviction as provided in Section 605.030 and/or Section 605.070 of this Chapter. 
  4.       That the licensee failed to make a complete disclosure of all information in the application for such license or renewal thereof.     

Section 605.060.  Location of Adult Entertainment Establishment. [Ord. No. 10-976 §6, 1-20-2010] 

 A.    No adult entertainment establishment shall be located or situated at less distance than one thousand five hundred (1,500) feet from any property occupied by a public or private school, day care center, church or place of worship, hospital, nursing home, public park or any property used for residential purposes. This distance shall be measured by a straight line from the nearest points on the property boundary of the tract occupied by one (1) of the aforementioned uses. 
 B.    No adult entertainment establishment shall be located or situated at less distance than one thousand five hundred (1,500) feet from another adult entertainment establishment. This distance shall be measured by a straight line from the nearest points on the property boundaries of the tracts occupied by the adult entertainment establishments.    

Section 605.070.  Business Records. [Ord. No. 10-976 §7, 1-20-2010]

Owners or operators of an adult entertainment establishment shall maintain business records that include the names and address and ages of all entertainers and employees for a period of two (2) years. Said list or lists shall be made available to City of La Plata Police Department upon request at any time. 

Section 605.080.  Manager and Entertainer License. [Ord. No. 10-976 §8, 1-20-2010] 

 A.    An application for an adult entertainment manager or entertainer license for work at an adult entertainment establishment in the City shall be obtained from the City Clerk. 
B.     Each such application shall be submitted in the name of the person proposing to be an adult entertainment manager or entertainer and shall be notarized. All applications shall contain 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 business name, address and telephone number of the establishment where the applicant intends to work. 
  3.       A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on: 
             a.   A felony criminal act within five (5) years immediately preceding the application; or 
            b. A misdemeanor criminal act within five (5) years immediately preceding the application, where such misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.

              The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or the sale of controlled substances or illegal drugs or narcotics.            

      

  1.       Documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. 
  2.       A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter.   
 C.     Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Clerk shall then issue the license for the adult entertainment manager or entertainer. Such license shall be issued until June thirtieth (30th) of the year in which such license is issued, or June thirtieth (30th) of the next year, if the license is issued after July first (1st) but prior to January first (1st). All licenses issued under this Chapter are subject to the fee schedule in Section 605.080 of this Chapter and must be renewed annually in the same manner as provided above. 
 D.    Such license shall not be issued if the applicant has been convicted of, released from confinement for conviction of, or diverted from prosecution on any of the crimes as set forth in Subsection (B)(3) of this Section. 
 E.     The following fee schedule is hereby adopted: 
  1.       Adult entertainment business: $1,000.00. 
  2.       Adult entertainment manager: $1,000.00. 
  3.       Adult entertainer: $1,000.00.     

Section 605.090.  Manager Responsibility. [Ord. No. 10-976 §9, 1-20-2010] 

 A.     A licensed adult entertainment manager shall be on duty at any adult entertainment establishment at all times the premises is open for business. The name and license number of the manager on duty shall be prominently posted during business hours. 
 B.    It shall be the responsibility of the manager on duty to verify that any person who provides adult entertainment within the premises possesses a current and valid adult entertainer's license.   

Section 605.100.  Operational Criteria. [Ord. No. 10-976 §10, 1-20-2010] 

 A.    No adult entertainment establishment may be open or in use between the hours of 2:00 A.M. and 12:00 Noon. 
 B.    Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult entertainment establishment. 
C.   The premises of all adult entertainment establishments shall be physically arranged in such a manner that the entire interior portions of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever. 
 D.    All adult entertainment establishments shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, of which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:

THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED
AND LICENSED BY THE CITY OF LA PLATA, MISSOURI


ENTERTAINERS ARE:


Not permitted to engage in any type of sexual conduct or to fondle, caress, or touch any employee, customer or other entertainer in any manner in the genitals, pubic region, buttock or female breasts, or to permit any employee, customer or other entertainer to fondle, caress, or touch in any manner the genitals, pubic region, buttock or female breast of said entertainer.


Not permitted to solicit or receive from a customer in any manner any tip, pay, gratuity or other thing of value either directly or indirectly.


CUSTOMERS ARE:


Not permitted to fondle, caress, or touch any entertainer, employee or other customer in any manner on the genitals, pubic region, buttock or female breasts.


 E.     Separate dressing rooms for men and women shall be maintained on the premises.   

Section 605.110.  Compliance With Chapter Requirements. [Ord. No. 10-976 §11, 1-20-2010]

Any adult entertainment establishment licensed under this Chapter shall comply with all the requirements of the ordinances of the City of La Plata as now or in the future may be adopted. 

Chapter 610: DECEPTIVE TRADE PRACTICES

Section 610.010.  Definitions. [CC 1984 §55.010]

As used in this Chapter, the following words and terms shall mean: 

ADVERTISEMENT — Includes the attempt by publication, dissemination, solicitation or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.  

MERCHANDISE — Includes any objects, wares, goods, commodities, intangibles, real estate or services.  

SALE — Includes any sale, offer for sale, or attempt to sell merchandise for cash or on credit.  

Section 610.020.  Unlawful Practices, Exception. [CC 1984 §55.020] 

 A.    The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise, is declared to be an unlawful practice; provided however, that: 
 B.    Nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser; and provided further, that nothing herein contained shall apply to any advertisement which is subject to and complies with the rules and regulations of and the Statutes administered by the Federal Trade Commission. That such an advertisement complies with the regulations of and the Statutes administered by the Federal Trade Commission shall be a defense which must be proven by one charged with violating this Section.   

Section 610.030.  Deceptive Business Practices. [CC 1984 §55.030] 

 A.    A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession, he/she recklessly: 
  1.       Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity. 
  2.       Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service. 
  3.       Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he/she furnishes the weight or measure. 
  4.       Sells, offers or exposes for sale adulterated, or mislabeled commodities. 
  5.       Makes a false or misleading statement for the purpose of obtaining property or credit.     

Section 610.040.  Deceptive Business Practices — Definitions. [CC 1984 §55.040]

As used in the preceding Section the following terms shall have these prescribed meanings: 

ADULTERATED — Varying from the standard of composition or quality prescribed by Statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage.  

MISLABELED — Varying from the standard of truth or disclosure in labeling prescribed by Statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity.  

Section 610.050.  Altering Mileage Registering Devices. [CC 1984 §55.050]

A person commits the offense of altering a mileage registering device if, with the purpose of misrepresenting to a prospective or eventual purchaser the number of miles traveled by a motor vehicle, he/she disconnects, changes or causes to be disconnected or changed, any mileage registering device on a motor vehicle so as to thereby indicate a different mileage than such motor vehicle has actually traveled. For the purpose of this Section "motor vehicle" means any self-propelled vehicle not operated exclusively upon tracks. 

Section 610.060.  False Advertising. [CC 1984 §55.060]

A person commits the offense of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property and services, he/she recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons. 

Section 610.070.  Bait Advertising. [CC 1984 §55.070] 

 A.    A person commits the offense of bait advertising if he/she advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services: 
  1.       At the price which he/she offered them. 
  2.       In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement. 
  3.       At all.     

Section 610.080.  Included Offenses. [CC 1984 §55.080]

The offenses described in Sections 610.030 through 610.070 shall be included offenses in the unlawful practices prohibited by Section 610.020. No person shall be convicted of a violation of both Section 610.020 and of one (1) or more of Sections 610.030 through 610.070, as a result of the same act by him/her.