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City of Poplar Bluff, MO. If you do not agree to the Terms of Use, please do not use eCode Pin open the table of contents Table of Contents. Chapter Adult Entertainment Business. For the purposes of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:.

That has as a substantial or ificant purpose in the sale or rental of merchandise that is intended for use in connection with specified sexual activities or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or. That has as one 1 of its regular and substantial business purposes:.

The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or. The providing of services that are intended to provide sexual arousal or excitement Female Poplar Bluff and sex that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits or allow participation in specified sexual activities ancillary to other pursuits.

The definition of "adult business" also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:. Businesses that offer merchandise for sale or rent. The presumption that a "substantial or ificant" portion of a business is devoted to the sale or rental of "adult media", based upon the above guidelines, shall be rebuttable. ADULT NEWSRACK: 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.

It displays or offers for sale or rent items from any two 2 of the following : "Sexually-oriented toys or novelties"; lingerie; clothing that graphically depicts "specified anatomical areas"; leather goods deed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:. Businesses that provide entertainment.

The definition of "adult entertainment business" also includes, but is not limited to, any and all of the following specific adult entertainment businesses as defined herein:. ADULT MOTION PICTURE THEATER: An establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT THEATER: An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers for observation by patrons. Businesses that provide services. Expert testimony as to the principal use of the item.

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Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business. National and local advertising concerning the use of the item. Evidence of advertising concerning the nature of the business establishment. Instructions, graphics or other material contained on the item itself or on the packaging materials for the item. The physical or structural characteristics of the item; or.

The manner in which the item is displayed, including its proximity to other regulated merchandise or age relating to items in a display area. An application for an interpretative ruling shall be made in writing to the Chief of Police and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Chief of Police shall issue a written interpretive ruling within ten 10 business days following submission of a completed application.

The decision of the Chief of Police may be appealed to the City Council within fifteen 15 days following the date of the interpretive ruling by submitting a written notice of appeal to the City Clerk. Uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple or any combination of the foregoing; or.

Human male genitals in a discernibly erect state, even if completely and opaquely covered. Sexual conduct including, but not limited to, actual or simulated acts of sexual intercourse, masturbation, oral copulation or sodomy. Fondling or other intentional touching of a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female. 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 an adult entertainment business from the City or to operate such business after such has been revoked or suspended by the City.

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 und adult entertainment business. It shall be prima facia evidence that any adult entertainment business that fails to have Female Poplar Bluff and sex, in the mariner required by this Section, an adult entertainment businesshas not obtained such a .

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In addition, it shall be prima facia evidence that any entertainer, employee, manager or owner who performs any business, service or entertainment in an adult entertainment business in which any adult entertainment business is not posted, in the manner required by this Section, had knowledge that such business was not d. It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment business without first obtaining a to do so from the City or to work as an entertainer, server or manager at an adult entertainment business after such person's to do so has been revoked or suspended.

The year for all fees required under this Chapter shall be from each July first 1st through June thirtieth 30th. The application for a 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. All s shall be issued for a specific location and shall be non-refundable and non-transferable. The classification of s and fees for each shall be as follows:. Adult Entertainment Business .

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All persons desiring to secure a to operate an adult entertainment 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 entertainment business.

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All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:. The name, residence address, home telephoneoccupation, date and place of birth and Social Security of the applicant. The name of the adult entertainment business, a description of the adult entertainment business to be performed or conducted on the d premises and the name of the owner of the premises where the adult entertainment business will be located.

The addresses of the application or of all partners or of all corporate officers and directors for the five 5 years immediately prior to the date of application. 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 ly operating in this or another City, County or State, has had a business revoked or suspended, the reason therefore and the activity or occupation subjected to such action, suspension or revocation.

A statement of the business, occupation or employment of the application or of all Female Poplar Bluff and sex or of all corporate officers and directors for the three 3 years immediately preceding the date of the application. 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 of:.

A felony criminal act within five 5 years immediately preceding the application, or. A misdemeanor criminal act within two 2 years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse ofpornography or related offenses as defined in the Missouri Criminal Code or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.

On applications requesting a to operate a bathhouse or body painting studio, the applicant shall submit to the City Clerk within forty-eight 48 hours of the time each employee begins employment a health certificate from a duly d Missouri physician stating that within ninety 90 days prior to the date of employment, such employee has been examined and found free of any contagious or communicable disease as defined herein.

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

A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant or of all partners if the applicant is a partnership or of all corporate officers and directors if the applicant is a corporation. If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State. A statement ed 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 Chapter regulating adult entertainment businesses.

Failure to provide the information and documentation required by this Subsection Female Poplar Bluff and sex constitute an incomplete application which shall not be processed. All persons desiring to secure a under the provisions of this Chapter to be an adult entertainment 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 an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information. The Female Poplar Bluff and sex name, home address, home telephonedate and place of birth, Social Security and any stage names or nicknames used in entertaining. The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer and an "intent to hire" statement from an adult entertainment business that is d, or that has applied for aunder the provisions of this Chapter, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.

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

A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant. The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained the age of twenty-one 21 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:. A motor vehicle operator's issued by any State bearing this applicant's photograph and date of birth. A State-issued identification card bearing the applicant's photograph and date of birth. An official and valid passport issued by the United States of America.

An immigration card issued by the United States of America. Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or. Any other form of identification deemed reliable by the City Clerk. Failure to provide the information required by this Subsection shall constitute an incomplete application and shall not be processed. Application Processing. Upon receipt of a complete application for an adult entertainment or an adult entertainment manager, server or entertainerthe 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 City inspector. The Chief of Police shall report the 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.

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It shall be the duty of the City inspector to determine whether the structure 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 City inspector shall report the 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.

If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate fee and if the reports of the Chief of Police and the City inspector are satisfactory, the City Clerk shall, if the applicant is qualified, issue a as provided for by law, provided a shall not be approved to any person ineligible under Section The shall state that it is not transferable to other persons and the calendar year for which it is issued.

The shall be kept posted in a conspicuous place in the place of business that is d or where the e is working. If an application for a is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known address and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a application may seek judicial review in a manner provided by law.

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No person is eligible nor shall a be issued to:. An adult entertainment business applicant if one 1 or more of the following conditions exist:. The applicant's premises is located within one thousand two hundred fifty 1, feet of any school, church, City park, d child care center or property zoned or used for residential purposes, which uses are located within the City limits.

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Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such school, church, City park, d day care center or property zoned or used for residential purposes located within the City. The applicant's premises is located within one thousand two hundred fifty 1, feet of any other adult entertainment business for which there is a issued or of any business d to sell or serve alcoholic beverages as defined in Chapter of the City Code, whether or not such business is also an adult entertainment business as defined in this Chapter.

Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such other adult entertainment business or business d to sell or serve alcoholic beverages.

The applicant failed to supply all of the information request on the application. The applicant gave materially false, fraudulent or untruthful information on the application. The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided, that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body.

The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section The applicant has had an adult entertainment revoked or suspended in this or any other City during the past five 5 years. If the applicant is applying for a to operate a bathhouse or body painting studio and applicant has not produced a health certificate as required herein for all persons working on the premises. An applicant for an adult entertainment manager, server or entertainer if one 1 or more of the following conditions exist:.

The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business for any of the reasons stated in Subsection 1 above. The applicant failed to provide all the information required on the application. The applicant has had an adult entertainment manager, server or entertainer revoked or suspended in this or any other City during the past five 5 years.

The following standards of conduct shall be adhered to by all adult entertainment business es, their employees and all adult entertainment business managers, servers and entertainers and patrons of adult entertainment businesses while on or about the premises of the business:. Age restriction. Only persons twenty-one 21 years of age or older shall be permitted on the premises of any adult entertainment business. Exterior observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or other physical barrier on all customer entrances that will insure observation of the interior of Female Poplar Bluff and sex premises is not observable from the exterior of the building.

In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with a anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building. Exterior display. No adult entertainment business will be conducted 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,show window or other opening.

Nudity prohibited. No employee, server or entertainer in an adult entertainment business shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area. Certain acts prohibited. No employee, server or entertainer shall 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.

No employee, server or Female Poplar Bluff and sex or patron of an adult entertainment 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 employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed. No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.

No adult entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this Chapter and no adult entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:. No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:.

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 demand or collect any payment or gratuity from any customer for entertainment, except as follows:.

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