Floor Substitute
June 2, 2008
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing chapter 43, Jackson County Code,1984, relating to Adult Businesses and Adult Entertainment Businesses, and enacting, in lieu thereof, one new chapter relating to Adult Entertainment Businesses, consisting of 20 sections, with a severability clause, penalty provision, and an effective date.
Intro
ORDINANCE #3993, May 12, 2008
INTRODUCED BY Dennis Waits, County Legislator
Body
WHEREAS, adult entertainment businesses require special supervision from the public safety agencies of the County in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the County; and
WHEREAS, the Legislature finds that adult entertainment businesses, as a category of establishments, are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and
WHEREAS, there is convincing documented evidence that adult entertainment businesses, as a category of establishments, have deleterious secondary effects and are often associated with crime and adverse effects on surrounding properties; and
WHEREAS, the Legislature desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from crime; preserve the quality of life; preserve the character of surrounding neighborhoods and deter the spread of urban blight; and
WHEREAS, the County recognizes its constitutional duty to interpret, construe, and amend its laws to comply with constitutional requirements as they are announced; and
WHEREAS, with the passage of any ordinance, the County and the Legislature accept as binding the applicability of general principles of criminal and civil law and procedure and the rights and obligations under the United States and Missouri Constitutions, Missouri Code, and the Missouri Rules of Civil and Criminal Procedure; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the U.S. Constitution or the Missouri Constitution, but to enact legislation to further the content-neutral governmental interests of the County, to wit, the controlling of secondary effects of adult entertainment businesses; and
WHEREAS, the adoption of this new Chapter renders existing County Code Chapter 43 dealing with Adult Businesses and Adult Entertainment Businesses, obsolete, such that repeal is appropriate; now therefore
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Chapter 43, Jackson County Code, 1984, is hereby repealed and one new chapter enacted in lieu thereof, to be known as Chapter 43, Adult Entertainment Businesses, consisting of 20 sections, to read as follows:
[GENERAL
4300. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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".
|109|The definition of "adult business" also includes, but is not limited to, any and all of the following, as defined herein:
a. 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 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.
b. Adult bookstore means an establishment which as a regular and substantial business purpose, offers for sale or rent, books, magazines, periodicals or other printed matter, photographs, slides, films or video tapes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
c. 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".
d. 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".
|109|Substantial business purpose means an establishment having twenty percent (20%) of its stock in trade in the above described materials, having twenty percent (20%) of its gross sales in the above described materials, or having twenty percent (20%) of its floor area devoted to the sale, rental or storage of the above described materials.
Adult cabaret means an adult live entertainment facility, or that part of an adult live entertainment facility, which regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
Adult entertainment business means any business, commercial establishment, or premises to which the public is permitted or invited operating as an adult motion picture theater; bathhouse; and/or motion picture arcade booth establishment.
Adult live entertainment business means an adult cabaret.
Adult live entertainment facility means any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, predominantly distinguished or characterized by their principal emphasis on matter displaying, depicting, describing or relating to specified sexual activities or specified anatomical area, and including adult cabaret facilities providing a live presentation, where the customers observe any live presentation, of any person wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering and additionally, in the case of a female person, with the areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.
Adult live entertainment facility premises means the bounds of the enclosure of an adult live entertainment facility that is licensed, or part of which is licensed, as an adult live entertainment business.
Adult media means magazines, newspapers, books, videotapes, movies, slides, cd-roms, digital video discs, other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter displaying, depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Motel means an enterprise where a regular and substantial portion of its business is the maintaining, operating, or offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slide 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 hours at a time.
Adult motion picture theater means a building or portion of a building (including any portion of a building which contains more than 150 square feet) used for presenting motion pictures, movies, videos or other projected images if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if, as a prevailing practice, the movies, videos or other material presented are distinguished or characterized by an emphasis on the display, depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the state.
Body Painting Studio means an establishment where a regular and substantial portion of its business 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".
Critical Violation means a provision of this Chapter that, if in noncompliance, is more likely than other violations to contribute to the harmful secondary effects of adult businesses, or to other health or safety hazards. "Critical item" includes any item on the following list, but is not limited to those listed:
1) Ensure the business is only open to customers when there is a designated licensed manager on duty;
2) Ensure the no loitering policy is posted and enforced;
3) Prevent and ensure that no sexual activity, prostitution or solicitation, gambling, or unlawful sale, delivery or use of controlled substances or alcohol takes place on the business premises;
4) Prevent persons under eighteen (18) from entering the premises;
5) Prevent the display of sexually explicit materials inside the premises that are viewable from a public place;
6) Allow inspections at any time by law enforcement or code officials;
7) Ensure that doors in adult motion picture theaters are maintained so they cannot be locked from the inside while the business is open;
8) Ensure that no employee or entertainer shall: 1) be unclothed, unless separated by at least three feet from the nearest customer; 2) perform or engage in any sexual activities; 3) display any specified anatomical area except as otherwise provided for; 4) knowingly touch any specified anatomical area of another person; or 5) use or wear any device for specified sexual activities;
9) Ensure that no entertainer of any adult cabaret shall be visible from any public place while unclothed or in clothing to expose any specified anatomical area, or while performing entertainment;
10) Ensure that no entertainer shall solicit, demand or receive payment or gratuity except as provided for in this Chapter;
11) Ensure that no entertainment or graphic displaying any specified anatomical area shall be visible from a public place;
12) Ensure that the premises are equipped with overhead lighting to illuminate every place at an illumination of not less than 1.0 foot candle;
13) Ensure that each motion picture arcade booth shall have at least one side which is completely open to adjacent public rooms or hallways; and
14) Ensure that the visibility from adjacent public rooms or hallways into each motion picture arcade booth through the open side of the booth shall not be obstructed.
Customer means any person who:
1) Is allowed to enter an adult live entertainment, adult entertainment business or adult business in return for the payment of an admission fee or any other form of consideration or gratuity;
2) Enters an adult live entertainment or adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3) Is a member or guest of and on the premises of an adult live entertainment or adult entertainment business operating as a private club.
Director means the Director of the Jackson County Public Works Department or his designee.
Display publicly means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item or material in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others, or from any portion of the exhibitor's business, commercial establishment or premises, where items and material other than this material are offered for sale or rent to the public.
Employee means any person who renders any service whatsoever to the customers of an adult live entertainment or adult entertainment business or who works in or about an adult live entertainment or adult entertainment business, and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. The term "employee" includes managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult live entertainment business.
Entertainer means any person who provides adult live entertainment within an adult live entertainment business, whether or not a fee is charged or accepted for entertainment.
Entertainment means any display, exhibition or dance of any type, pantomime, modeling or any other performance.
Explicit sexual material means any pictorial or three dimensional material displaying or depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or anthropological significance are not included in this definition.
Gross public floor area means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
Manager means any person who manages, directs, administers or is in charge of the affairs or conduct of any portion of any activity, including adult live or adult entertainment, occurring at an adult live entertainment or adult entertainment business.
Material means anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates and other latent representational objects.
Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, digital video discs, other magnetic media, and undeveloped pictures.
Motion picture arcade booth means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat a person and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the display, depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd-rom, digital video discs, books, magazines or periodicals) for observation by patrons therein. The terms "booth," "arcade booth," "preview booth," "video arcade booth," and "media room" shall be synonymous with the term "motion picture arcade booth." A motion picture arcade booth shall not mean a theater, movie house, playhouse or a room or enclosure or portion thereof which contains more than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy a motion picture arcade booth at any time.
Motion picture arcade booth establishment is any business wherein one or more motion picture arcade booths are located. The terms "establishment" and "video arcade" shall be synonymous with "motion picture arcade booth establishment."
Operator means any person operating, conducting or maintaining an adult live entertainment or adult entertainment business.
Owner means the proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; or all officers, directors and persons holding ten percent or more of the outstanding shares, if a corporation.
Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.
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.
Primary live entertainment means that entertainment which characterizes the business, as determined (if necessary) from a pattern of advertising as well as actual performances.
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.
Recurrent violations means more than three (3) critical violations during the license period of one (1) year.
Revoke or revocation means the license or permit shall be taken from the licensee or permittee for the remainder of the license year.
Sadomasochistic practices mean flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.
Sexually-oriented toys or novelties mean instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
Specified anatomical areas means and includes: (1) less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; 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 state's criminal code.
Suspend or suspension means the license or permit shall be taken from the licensee or permittee for a period of time listed on the notice of violation, up to ninety (90) days.
Viewing area means the area where a customer, member or guest would ordinarily be positioned while watching an exhibition, performance or dance.
4301. Applicability of other regulations; conflicting provisions.
a. The licenses provided for in this Chapter are subject to the general provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other parts of this chapter or Code, the provisions of this Chapter shall control.
b. The licenses and fees required by this Chapter shall be in addition to any other licenses and fees required by the Code.
c. The license and permit fees required by this Chapter apply only to the costs of investigating and processing the applications for those licenses and permits.
d. Any business enterprise that sells or rents 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" and that excluded minors by virtue of age from all or any part of the business premises shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate County officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an "Adult Business" as defined in this Chapter. This entry and inspections shall take place during hours when such adult business is open to the public, unless otherwise requested by the adult business, and shall not unreasonably interfere with the conduct of such business.
4302. Business license required.
a. It shall be unlawful for any person to operate or maintain an adult live entertainment or adult entertainment business in the County unless the owner, operator or lessee thereof has obtained from the Director a license to do so, to be designated an "adult live entertainment business license", or "adult entertainment business license" as the case may be or to operate the business after the license has been revoked or while the license is suspended.
b. It shall be unlawful for any entertainer, employee or manager to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult live entertainment business, or an unlicensed adult entertainment business.
c. It shall be prima facie evidence that any adult live entertainment or adult entertainment business that fails to have posted, in the manner required by this Chapter, an adult live entertainment or adult entertainment business license, has not obtained a license. It shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult live entertainment business or adult entertainment business in which a license is not posted in the manner required by this Chapter had knowledge that the business was not licensed.
4303. Permit required for managers and entertainers.
a. It shall be unlawful for any person to work as an entertainer or manager at an adult live entetainment business or as a manager at any adult entertainment business without having first obtained from the County a permit to do so, to be designated as an "adult entertainer's permit," an "adult live entertainment manager's permit," or an "adult entertainment manager's permit," respectively, or to work as an entertainer or manager at such business after such person's permit has been revoked or while uch person's permit is suspended.
b. It shall be unlawful for any person not holding a valid adult entertainer's permit issued to that person under this chapter to display, expose or depict specified anatomical areas in an adult entertainment facility or premises, except while lawfully discharging urine or feces in a bathroom or restroom meeting the County's building code.
4304. License and permit classifications and fees.
a. The license or permit year for all fees required for an adult live entertainment or adult entertainment business license or permit shall be from each January 1 through December 31. The application for a license or permit shall be accompanied by payment in full of the fee stated in this section, by cash, certified or cashier's check or money order, and no application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances. The fees shall not be prorated.
b. The classification of adult live entertainment or adult entertainment business licenses, and the fees for each, shall be as follows:
New adult cabaret license, $750.00 per year; renewal of adult cabaret license, $750.00 per year.
New adult entertainment business license, $750.00 per year; renewal of adult entertainment business license $750.00 per year.
Adult live entertainment manager's permit, $50.00 per year.
Adult entertainer's permit, $50.00 per year.
Adult entertainment manager's permit, $50.00 per year.
4305. Effective date of provisions; existing adult entertainment businesses and existing live entertainment businesses.
(a) The Director shall identify each owner or operator of an adult live entertainment or adult entertainment businesses requiring a license hereunder, but not required to hold and not actually holding a license under the provisions of this Chapter. No later than thirty (30) days after the effective date of Ordinance 3969, the Director shall notify each such owner or operator of the enactment of this Chapter, and shall furnish a copy of the Chapter to each owner or operator.
(b) Any owner or operator of an adult live entertainment or adult entertainment business that meets the requirements of subsection (a) of this section, and which shall be required to obtain an adult live entertainment or adult entertainment business license under the provisions of this Chapter, shall submit a completed application for a license, in the manner provided by this Chapter, no later than sixty (60) days after the effective date of Ordinance 3969.
(c) If any owner or operator of an adult live entertainment or adult entertainment business that meets the requirements of subsection (a) of this section, and which shall be required to obtain an adult live entertainment or adult entertainment business license under the provisions of this Chapter, shall fail to submit a completed application during the time provided in subsection (b) of this section, the provisions of this Chapter shall become effective with respect to that business no later than 30 days after notification of the enactment of this Chapter.
(d) The Director shall investigate the application from any owner or operator who meets the requirements of subsection (a) of this section, in the manner provided by this Chapter, and shall approve or disapprove such application.
(e) If any owner or operator of an adult live entertainment or adult entertainment business that meets the requirements of subsection (a) of this section shall submit a completed application during the time provided in subsection (b) of this section, the other provisions of this Chapter shall not become effective until the application is approved, or, if the application is disapproved, until ten days after the disapproval.
(f) For any person who does not meet the requirements of subsection (a) of this section, and who shall be required to obtain an adult live entertainment or adult entertainment business license under the provisions of this Chapter, the provisions of this Chapter shall become effective ten days after enactment of this Chapter.
4306. Authority to prescribe additional regulations.
The Director shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of the office and which are not inconsistent with the provisions of this Chapter.
APPLICATIONS
4307. Application for adult live entertainment or adult entertainment business license.
(a) All applications for an adult live entertainment or adult entertainment business license shall be submitted in the name of the person proposing to conduct or operate such adult live entertainment business or adult entertainment business on the premises, and shall be signed by the applicant and notarized. All applications shall be submitted to the Director on a form supplied by the Director, and shall require the following:
The name, all alias names, residence address, home telephone number, date and place of birth of the applicant.
The business name, address and telephone number of the business.
The names, all alias names, residence addresses, residence telephone numbers, and dates of births of all partners, if the applicant is a partnership; or, if the applicant is a corporation, of all corporate officers and directors and all shareholders with greater than a ten percent interest.
Addresses of the applicant, or of all partners, or of all corporate officers and directors for the five years immediately prior to the date of application.
A description of the adult live entertainment or adult entertainment business or similar business history of the applicant, or of all partners, or of all corporate officers and directors; and whether any such person or entity, in previously operating in this or another 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.
A description of the business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors for the five years immediately preceding the date of application.
A statement from the applicant, all partners or each corporate officer and director that each such person has not been either: convicted of, or released from confinement for conviction of, or diverted from prosecution on:
any felony within the ten (10) years immediately preceding the application, or,
a misdemeanor within the two (2) years immediately preceding the application, or,
a municipal or County ordinance violation within the two (2) years immediately preceding the application, where such felony, misdemeanor, municipal or County ordinance violation involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or County or municipal ordinances.
A full set of fingerprints of the applicant and of all partners and of all corporate officers and directors shall be taken by the Sheriff's Department, at the applicant's expense, and forwarded to the Director.
Applicant, all partners and all corporate officers shall at the time they are fingerprinted by the Sheriff's Department, furnish to the Sheriff's Department two current photographs of his/her face which are also forwarded to the Director.
If the applicant is a corporation, a certificate of good standing issued by the secretary of state not more than 30 days prior to the submittal of the application.
(b) Failure to provide information required by this subsection shall constitute an incomplete application and the application shall not be processed.
(c) Determination of completeness. For applications received after July 1, 2008, within five business days after receiving an application for an adult live entertainment or adult entertainment business license, the Director shall determine whether the application is complete, in accordance with the requirements of this section. If the application is not complete, the Director shall within five business days after the Director's determination notify the applicant by using first class mail of the deficiencies in the application.
4308. Application for adult live entertainment manager's permit, adult live entertainer's permit or adult entertainment manager's permit.
(a) All applications for an adult live entertainment manager's permit, adult live entertainer's permit or adult entertainment manager's permit shall be signed by the applicant and notarized. All applications shall be submitted to the Director on a form supplied by the Director and shall require the follwing:
The applicant's name, all alias names, home address, home telephone number, date and place of birth, and any stage names or nicknames used in entertaining.
The name and address of each business at which the applicant intends to work as a manager or entertainer, and an "intent to hire" statement from an adult live entertainment business or an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this Chapter.
A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri statutes or municipal 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 sale of controlled substances or illegal drugs or narcotics.
A full set of fingerprints of the applicant shall be taken by the Sheriff's Department, at the applicant's expense, and forwarded to the Director. The applicant will furnish a photograph of his/her face at the time of fingerprinting, also to be forwarded to the Director.
The applicant shall present documentation that he or she has attained the age of 18 years. Any of the following shall be accepted as documentation of age:
A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth;
A state-issued identification card bearing the applicant's photograph and date of birth;
An official passport issued by the United States of America;
An immigration card issued by the United States of America;
Any other picture identification issued by a governmental entity; or
Such other form of identification as the Director deems, by rule, to be acceptable.
(b) Failure to provide information required by this subsection shall constitute an incomplete application and the application shall not be processed.
(c) Determination of completeness. Within five business days after receiving an application for an adult live entertainment manager's permit, adult entertainer's permit, or an adult entertainment manager's permit, the Director shall determine whether the application is complete, in accordance with the requirements of this section. If the application is not complete, the Director shall within five business days after the Director's determination notify the applicant by first class mail of the deficiencies in the application.
4309. Notification of complete application and schedule for hearing.
(a) Within ten business days after a new application for an adult live entertainment or adult entertainment business license is determined by the Director to be complete, the Director shall mail to applicant and all owners of property parcels located in Jackson County, Missouri, as defined by Geographic Information Systems maps based on the North American Datum 1983 Missouri West State Plane Coordinate System, maintained by the Information Technology Department of the County, within 1000 feet from the proposed premises, as measured from the property lines of the property which is the subject of the application, written notification of that determination.
(b) If within ten business days after the Director mails notice to the property owners entitled to notice under subsection (a) of this section that the application for an adult live entertainment or adult entertainment business license is complete, any such owner files with the Director a written request for a hearing before the Director on whether the applicant has satisfied the criterion, which shall state a reason(s) that a particular criteria has not been satisfied, then the Director shall, within five days of receipt of a timely request, mail a notice of a hearing to the applicant and any property owner requesting the hearing and the notice shall include the date, time and place for the hearing before the Director. The date for the hearing shall be not less than 30 days nor more than 40 days following the determination that the application is complete.
(c) If a hearing is requested by any property owner entitled to notice under subsection (a) of this section, then the Director shall hear matters raised by those property owner(s) if any, in objection to issuance of the license, but the Director may not deny issues of the license without finding that one or more of the criteria have not been satisfied.
ISSUANCE
4310. Criteria for issuance of license or permit.
(a) Business license. The Director shall investigate the application for an adult live entertainment or adult entertainment business license and shall issue the license authorized by this Chapter if the Director finds that each of the following conditions is met without exception:
Applicant, or all partners, officers, directors, employees, managers or any shareholders of applicant with greater than a ten percent interest are over 18 years of age;
Applicant (and, if an individual, applicant's spouse) is current in all taxes, fees and other amounts due to the County on any account, for any purpose;
The application is complete and appears to be truthful and accurate;
The application is accompanied by the required fee;
The proposed premises are the subject of a zoning determination or a certificate of legal nonconformance showing that the use of the premises for the proposed business is permitted under the Unified Development Code, Chapter 240;
The proposed premises comply with the separation requirements set forth in applicable zoning districts or hold a valid certificate of legal nonconformance indicating that the business is not subject to such separation requirements because the proposed premises existed at this location before the establishment of the separation requirements;
The proposed premises meets all other applicable health, safety, building and fire codes and ordinances of the County;
The applicant provides evidence that the applicant owns the premises or has a lease giving it control of the premises through the proposed licensing period;
No applicant, or any spouse, partner, officer, of the applicant, or shareholder with greater than a ten percent interest in applicant, has been convicted of a violation of this Chapter or has had a license under this Chapter revoked at any time in the two years immediately preceding the date of application;
No applicant, or any spouse, partner, officer, of the applicant, or shareholder with greater than a ten percent interest in applicant has, within the previous ten years been convicted of, or remains under confinement for, any felony, misdemeanor, ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child, or pornography and related offenses as defined in the state's criminal code, RSMo chs. 556--600, or similar statutes in other states, or controlled substance or illegal drugs or narcotics offenses, as described in the state's comprehensive drug control act; and
The applicant has provided the Director with a designated agent for service who can regularly be found in the County during normal business hours.
(b) Burden of proof. The applicant shall have the burden of proof on each of the criterion.
(c) Manager's or entertainer's permit. The Director shall investigate the application and shall issue any applicable permit authorized by this Chapter if the Director finds that:
5)
The applicant has not made any false, misleading or fraudulnt statement of material fact in the application for a license, or in the providing of documentation of age, as part of the original permit application or application for renewal thereof.
The applicant has attained the age of 18 years.
The applicant has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses, as defined in the state's criminal code, RSMo chs. 556--600, or similar statutes, or controlled substance or illegal drugs or narcotics offenses, as described in the state comprehensive drug control act, or similar statutes, or has not been convicted of a municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances or illegal drugs or narcotics.
The applicant has not had a license or permit issued under the provisions of this Chapter revoked within two years immediately preceding the application.
4311. Approval or disapproval of application; for adult live entertainment business or adult entertainment business license and hearing.
a. The application for an adult live entertainment or adult entertainment business license authorized under this Chapter shall be approved or disapproved within 50 days from the date of the Director's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If a license application is disapproved, the Director shall notify the applicant in person, or by registered or certified mail to the applicant's last known address, and shall state the basis for such disapproval.
b. If within ten days after the Director mails notice to the applicant that the application has been disapproved, the applicant for an adult live entertainment or adult entertainment business license files with the Director a written request for a hearing before the Director on whether the applicant has satisfied the criterion, then the Director shall, within five days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the Director. The date for the hearing shall be not less than 30 days nor more than 40 days following the filing of the request for a hearing under this section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing, or for good cause shown.
4312. Manager's or entertainer's permit; approval, disapproval of application; review.
a. The application for a manager's or entertainer's permit authorized under this Chapter shall be approved or disapproved within 30 days from the date of filing a completed application which complies with the requirements of this Chapter, unless the applicant agrees in writing to an extension of such time period, or for good cause shown. Pending the approval or disapproval of a completed permit application, the manager or entertainer shall be provided a temporary permit to be a manager or entertainer. The temporary permit shall automatically expire and become null and void upon the approval or disapproval of a permit. Any manager or entertainer issued a temporary permit shall comply with the provisions of this Chapter, and the temporary permit shall be withdrawn by the Director if the permittee violates any provisions of this Chapter. Additionally, any manager or entertainer issued a temporary permit shall be subject to the penalty provisions provided in this Chapter. It shall be the duty of the Director to request criminal records and to investigate other information required by the permit application. If a permit application is disapproved, the Director shall notify the applicant in person, or by registered or certified mail to the applicant's last known address, and shall state the basis for the disapproval.
b. Judicial review. An applicant for a manager's or entertainer's permit authorized under this Chapter aggrieved by the decision of the Director to approve or disapprove a permit may seek judicial review in a manner provided by law. Venue lies exclusively in the Circuit Court of Jackson County, Missouri.
RENEWAL OF LICENSE OR PERMIT
4313. Renewal of license or permit.
a. An adult live entertainment business license, adult entertainer permit or an adult live entertainment manager permit issued under this Chapter may be renewed by making application to the Director on application forms provided for that purpose. Licenses and permits shall expire on December 31 of each calendar year, and renewal applications for such licenses or permits shall be submitted between December 1 and December 21 of each calendar year.
b. An adult entertainment business license or an adult entertainment manager permit issued under this Chapter may be renewed by making application to the Director on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses or permits shall be submitted between December 1 and December 21 of each calendar year.
c. Upon timely application therefore, an adult live entertainment business license or adult entertainment business license issued under the provisions of this Chapter shall be renewed by issuance of a new license unless the Director disapproves the renewal application. However, an applicant for a renewal license shall have no duty to request confirmation of compliance with other County ordinances, no inspections by other County departments shall be required unless requested by the Director.
d. Upon timely application therefore, an adult entertainer permit, an adult live entertainment manager permit or an adult entertainment manager permit issued under the provisions of this Chapter shall be renewed by issuance of a new permit, unless the Director disapproves the renewal application.
e. Upon the filing of a timely application for renewal of a license or permit issued under the provisions of this Chapter, the Director shall issue a temporary license or permit to the applicant, which temporary license or permit shall remain in effect until the Director has approved or disapproved the application. If a hearing is held, the temporary license or permit shall remain in effect until the Director has issued an order following the hearing. However, if any hearing is delayed at the request of the applicant, the temporary license or permit issued under the provisions of this subsection shall expire as of the date the hearing was scheduled by the Director, unless the applicant shows good cause for the delay.
f. Any applicant issued a temporary license or permit under the provisions of this section shall comply, or continue to comply, with the provisions of this Chapter. Additionally, an applicant issued a temporary license or permit under the provisions of this section shall be subject to the penalty provisions provided in this Chapter.
g. If the application for renewal of a license or permit is not made during the time provided in subsections (a) or (b) of this section, the license or permit shall expire and the licensee or permittee shall cease those activities authorized under this Chapter and the licensee or permittee shall file a new application and meet all requirements of this Chapter before engaging in the business or occupations regulated under this Chapter. An application for renewal filed after the expiration date shall be treated as a new application.
CONDUCT OF BUSINESS
4314. Display of license or permit.
a. Every person, corporation, partnership or association licensed under this Chapter as an adult live entertainment business or an adult entertainment business shall post the license in a conspicuous place and manner on the business premises.
b. Every adult entertainer, adult live entertainment manager or adult entertainment manager shall have his or her permit located on the adult live entertainment business premises or the adult entertainment business premises so it shall be readily available for inspection by County authorities responsible for enforcement of this Chapter. If the permit is a temporary permit, the form of identification presented as part of the application for the permit shall be stated by the Director on the face of the permit, and the identification must be on file with the adult live entertainment manager on duty or the adult entertainment manager on duty at any time the temporary permittee shall be working on the premises.
4314. Hours of operation.
a. It shall be unlawful for any adult cabaret/adult live entertainment to be conducted, operated or otherwise open for any purpose to the public, customers or members between the hours of 3:00 a.m. and 6:00 a.m.
b. It shall be unlawful for any motion picture arcade booth/adult entertainment to be operated or otherwise open to the public, customers or members between the hours of 1:30 am. and 6:00 am.
4316. Compliance with other regulations.
It shall be the duty of an adult live entertainment business licensee and adult entertainment business licensee to comply with the building codes, zoning, fire and health ordinances of the County and with regulations of the departments of the County. Failure to continue compliance with the ordinances or regulations after written notification of noncompliance has been delivered to the business by the County may be a basis for suspension, revocation or nonrenewal of the license.
4317. Licensee's duties to monitor business and premises.
a. It is and shall be the affirmative duty of each licensee to:
1) Allow the business to be open to customers only when there is a designated manager on duty who is licensed as required; the name of the manager on duty at any time shall be prominently displayed at or near the manager's station;
2) Ensure that all lighting, including theater runway/aisles lighting, required by this Chapter actually operates, with working bulbs, turned on, during all hours when the business is open;
3) Post and enforce a "no loitering" policy on the business premises, including parking areas and other exterior parts of the business premises;
4) Prevent and ensure that no prostitution or solicitation for prostitution takes place on the business premises, whether in or out of public view;
5) Prevent and ensure that no gambling takes place on the business premises;
6) Prevent any unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the business premises;
7) Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises;
8) Prevent persons under eighteen (18) years of age from entering the business premises or the portion or portions thereof which contain adult media, adult live entertainment or sexually-oriented toys and novelties;
9) Prevent the display of sexually explicit materials inside the licensed premises that are viewable from a public place or viewable within portions of the business open to the general public;
10) Prevent and ensure that no person engages in sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; 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 state's criminal code (RSMo ch. 573), or causes any bodily discharge of semen, urine or feces while in any adult entertainment business or any adult live entertainment business excepting the discharge of urine or feces in a bathroom or restroom meeting the County's building code;
11) Allow law officers, code enforcement officers, health officers or other representatives of the County or other public agencies full access to the business premises at anytime during business hours for purposes of inspection to ensure compliance with this Chapter and other applicable laws; and
12) Ensure that doors in adult motion picture theaters are designed and maintained so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the manager on duty can release the lock at her or his own volition or at the request of a law enforcement officer or County inspector and ensure that lobbies remain unlocked at all times that the adult motion picture theater is in operation.
b. It shall be unlawful for any person to engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; 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 state's criminal code (RSMo ch. 573), or cause the bodily discharge of semen, urine or feces while in any adult entertainment business or any adult live entertainment business, excepting the discharge of urine or feces in a bathroom or restroom meeting the County's building code.
c. It shall be unlawful for a business licensed under this Chapter to have in existence or to use any form of electrical, mechanical, or other notification device for purposes of warning or informing any person on the business premises of the presence of any County investigator or any law enforcement officer in connection with the enforcement of the provisions of this Chapter.
d. The license and the standards of operation, affirmative duties and other requirements of this Chapter shall apply to an entire business operation and its premises, regardless of the fact that some parts of the business operation, if conducted separately at a different location, would not be subject to licensing under this Chapter.
e. Failure to comply with the requirements of this section and all other requirements of this Chapter is unlawful and a violation of this Chapter and shall be grounds for suspension, revocation or nonrenewal of a license.
4318. Standards of conduct and operation for adult cabarets.
a. The following standards of conduct must be adhered to by employees of any adult cabaret while on the adult live entertainment business premises:
1) Dancing or other live entertainment distinguished or characterized by an emphasis on the display, depiction or description of specified anatomical areas for observation by customers shall take place only in a location and manner meeting all of the following conditions:
a) In a theater or open room of at least 600 square feet;
b) On a stage, elevated at least 24 inches above the level on which patrons sit or stand; and
c) With a horizontal separation of at least three feet between the performing area, as defined by the edge of the stage or by a rail or other physical barrier on the stage, and the nearest space to which customers or patrons shall have access.
2) No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, unless separated at least three feet from the nearest customer.
3) No employee or entertainer shall perform or engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; or any sadomasochistic abue 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 state's criminal code (RSMo ch. 573) on the premises.
4) No employee or entertainer shall display any specified anatomical area except as provided for in subsection (a) (1) and (2) of this section.
5) No employee or entertainer who is not separated from any and all customers as provided in subsection (a)(2) of this section shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (a)(2) of this section, except in an area of the business premises not open to customers.
6) No employee or entertainer shall knowingly touch any specified anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of the employee or entertainer. No employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether the area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether the specified anatomical area is clothed, unclothed, covered or exposed.
7) No employee or entertainer shall wear or use any device or covering exposed to view which simulates any specified anatomical area.
8) No employee or entertainer shall use artificial devices or inanimate objects to display, depict or perform any specified sexual activities.
9) No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while the entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
10) No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Chapter.
11) No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:
a) While the entertainer is on the stage as provided in subsection (a)(1) of this section, a customer may place the payment or gratuity into a box located between the stage and the horizontal separation; or
b) While such entertainer is not on the stage, and is clothed so as to not expose to view any specified anatomical areas, a customer may either place the payment or gratuity into the entertainer's hand, or under a leg garter worn by the entertainer at least four inches below the bottom of the pubic region.
b. At any adult cabaret, the following are required:
1) A sign, on which upper-case letters shall be at least two inches high, and lowercase letters shall be at least one inch high, shall be conspicuously displayed in the common area at the principal entrance of the premises, and shall read as follows:
THIS ADULT LIVE ENTERTAINMENT BUSINESS IS REGULATED BY JACKSON COUNTY, MISSOURI. ENTERTAINERS ARE:
a) Not permitted to engage in any type of sexual activities on the business premises, or in prostitution.
b) Not permitted to be unclothed or in less than opaque or complete 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 or genitals, unless separated at least three feet from the nearest customer and upon a stage at least 24 inches above the immediate floor level.
c) Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
I) While the entertainer is on the stage, by placing the payment or gratuity into the box affixed to the stage; or
ii) While the entertainer is not on the stage, by either placing the payment or gratuity into the entertainer's hand, or under the entertainer's leg garter.
2) Neither any entertainment nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
3) The premises 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 1.0 foot candle as measured at the floor level, and the illumination must be maintained at all times that any customer is present in or on the premises.
4319. Responsibilities of manager.
a) An adult live entertainment manager shall be on duty at an adult live entertainment business at all times adult live entertainment is being provided or that customers are on the premises. 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 live entertainment within the premises possesses a current and valid adult entertainer's permit, and that such permit is posted in the manner required by this Chapter.
c) An adult entertainment manager shall be on duty at an adult entertainment business at all times that the business is open. The name of the manager on duty shall be prominently posted during business hours.
4320 Location and manner of presenting certain videos or motion pictures.
a) No motion picture or video which depicts as a prevailing practice, the movies, videos or other material distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein shall be shown for a fee (whether collected per feature, per unit of time or as a general admission charge to a facility) in any space of less than 150 square feet.
b) This section does not apply to the showing of informational videos by professionals licensed by the state to clients who pay a fee for service, where the showing of the videos is incidental to a professional service and not the subject of separate consideration from the patron.
c) Doors in adult motion picture theaters shall be designed so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the manager on duty can release the lock at her or his own volition or at the request of a law enforcement officer or County inspector and lobbies shall remain unlocked at all times that the adult motion picture theater is in operation.
d) All aisles in adult motion picture theaters shall have theater runway/aisle lighting which illuminates the entire floor surface of the aisle at a level not less than 0.2 foot candle.
4321. Operation of motion picture arcade establishments.
a) If any motion picture arcade booth exists on the licensed premises, the licensee shall have the following additional affirmative duties in the operation of the business:
1) Ensure that each motion picture arcade booth shall have at least one side which is completely open to adjacent public rooms or adjacent hallways and meets all of the following conditions:
a) The adjacent hallway shall meet the requirements of the County building code and the adjacent hallway must serve more thanone motion picture arcade booth;
b) The open side of each motion picture arcade booth shall be completely open to adjacent public rooms or adjacent hallways and the open side of each motion picture arcade booth shall be not less than 30 inches in width, and not less than 84 inches in height as measured from the level of the floor of the booth;
c) The entire floor area of the interior of each motion picture arcade booth shall have a uniform elevation and the elevation of the entire floor area of the interior of each motion picture arcade booth shall be uniform with the floor elevation of adjacent public rooms or adjacent hallways;
d) No furniture of any kind shall be positioned in a booth with the exception of one chair or seating platform meeting the requirements of this section;
e) A chair or seating platform authorized under this section to be used in a booth shall rest on the floor of the booth and the surface of the seat, including any cushion or other padding on the chair or seating platform, shall not exceed 18 inches in height as measured from the surface of the floor;
f) The back rest of any chair or seating platform used in a booth shall not exceed 36 inches in height as measured from the surface of the floor, nor exceed 18 inches in width;
g) No chair or seating platform used in a booth shall be equipped with armrests, shades, canopies or any other device which obstructs the view of a person's lap while the person is seated on the chair or seating platform;
2) Ensure that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth shall not be obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device;
3) Ensure that the hallways and public rooms adjacent to motion picture arcade booths shall be illuminated in such a way that the entire area inside of each motion picture arcade booth is visible to persons in adjacent public rooms or adjacent hallways. Ensure that the illumination level shall be at a minimum illumination of not less than 1.0 foot candle, as measured at the floor level within the booths;
4) Ensure that no more than one person occupies a motion picture arcade booth at one time and, if more than one person is found in a motion picture arcade booth, that those persons are immediately escorted from the establishment;
5) Ensure that there are no openings in the walls between motion picture arcade booths, which shall include the duty to cover immediately any opening that is found;
6) Ensure that there is at least one employee on duty and situated in the manager's station or walking through the hallways adjacent to the motion picture arcade booths at any time that any booth is occupied;
7) Ensure that the manager or employee on duty shall make a visual inspection of the inside of each motion picture arcade booth at least once each hour during the hours of operation and maintain a daily log to record the time, a description of the conditions found, and the name and signature of the person who conducted the visual inspection;
8) Ensure that there are no porous surfaces on the floors, walls or seats in any motion picture arcade booth;
9) Ensure that the manager or other employee on duty can actually see the unobstructed interior of every motion picture arcade booth from the manager's station or from a hallway accessible to the public. This duty shall include the duty to remove any obstacle blocking the view, to repair any electronic device providing such view and, where the prompt removal or repair is not possible, to close to public use the affected motion picture arcade booth(s) until full visibility of the interior can be reestablished;
10) Ensure and prevent any person occupying a motion picture arcade booth from engaging in any "specified sexual activities" or causing any bodily discharge of semen, urine or feces while inside the motion picture arcade booth; and
11) Ensure and prevent any video reproduction equipment in any restroom in the establishment.
b. It shall be unlawful for any person occupying a motion picture arcade booth to engage in any "specified sexual activities" or to cause any bodily discharge of semen, urine or feces while inside the motion picture arcade booth.
c. Establishments with "media rooms," "preview rooms" or other spaces created as exempt, because they were nominally designed to seat ten or more people, shall have until May 1, 2008 to remove the doors from those rooms and to take other actions to bring those spaces into compliance. As an alternative, the establishment may replace those rooms with not more than the number of motion picture arcade booths existing in the same space, provided that each and every replacement motion picture arcade booth shall fully conform to the requirements of this section.
ENFORCEMENT
4322. Critical Item: Time to Correct.
Critical violations shall be corrected immediately or within 3 days of the inspection date.
4323. Non Critical Item: Time to Correct.
Non-Critical violations shall be corrected within 10 days of the inspection date.
4324. Inspections and Re-Inspections.
The Director is hereby empowered to appoint inspectors of adult live entertainment or adult entertainment businesses, and all those businesses shall be open to the inspections of the Director or inspectors appointed by him or to any member of the sheriff's department at any time during the hours allowed for business and at other reasonable times.
Inspections shall be conducted once every quarter (3 months). Re-inspections shall be conducted as noted in the original inspection report according to Critical and Non-Critical violations.
The Director may also make such additional inspections and re-inspections as are reasonably necessary for the enforcement of this chapter.
4325. Notice.
When the Director discovers a violation of this chapter, the Director shall notify the adult live entertainment/ adult entertainment business licensee or adult live entertainment/ adult entertainment manager of the establishment of the violation by means of an inspection report form or other written notice.
4326. Content of Violation Notification.
The notice of violation shall include the following:
4326.1 Violation.
The notice shall include the specific violation(s) found.
4326.2 Time to Correct.
The notice shall include a specific and reasonable period of time for the correction of the violations.
4326.3 Effect of Noncompliance.
The notice shall include a statement that failure to comply with the notice within the time period specified may result in the immediate closure of the establishment and suspension of the permit.
4326.4 Appeal.
The notice of violation shall include a statement that an opportunity for an appeal from the order/notice or inspection findings will be provided on written request to the Director within the period of time established in the notice for correction, but in no event later than ten (10) days from the date of notice.
4327. Service of Notice.
Proper service of a notice of violation shall be by personal delivery to the permit holder or to the person in charge of the establishment, or by certified mail, return receipt requested, to the last know address of the permit holder.
4328. Failure to Comply.
When a permit holder fails to comply with a notice of violation issued by the Director, the permit holder shall be notified of the following:
4328.1 Immediate Suspension and Closure of the Establishment.
The current permit is immediately suspended and the establishment is closed effective on service of notice.
4328.2 Hearing.
On written request of the Director, a hearing shall be afforded as soon as possible.
4329. Separate Offense.
Each day that a violation of this chapter exists shall constitute a separate offense.
4330. Imminent Health Hazard.
If an imminent health hazard exists, such as a sewage backup into the establishment, fire, gross unsanitary occurrence or conditions, or other circumstances that may endanger public health, the establishment shall immediately cease operations. Operations shall not be resumed until authorized by the Director.
4331. Suspension, revocation, or nonrenewal-license.
Whenever the Director has information that:
4331.1 The owner or operator of an adult live entertainment or adult entertainment business or a holder of a manager or entertainer license has violated, or knowingly allowed or permitted the violation of any of the provisions of this chapter; or
4331.2 There have been recurrent violations of provisions of this chapter that have occurred under such circumstances that the owner or operator of an adult live entertainment or adult entertainment business knew or should have known that such violations were committed; or
4331.3 The adult live entertainment or adult entertainment business licensee or the manager or entertainer licensee knowingly obtained through false statements in the application for such license, or renewal thereof; or
4331.4 The adult live entertainment or adult entertainment business licensee or the manager or entertainer licensee knowingly failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
4331.5 The owner or operator, or any partner, or any corporate officer or director holding an adult live entertainment or adult entertainment business license has become disqualified from having a license by a conviction as provided herein; or
4331.6 If the owner or operator of an adult live entertainment or adult entertainment business or the holder of a manager or entertainer license has become disqualified from having a license by a conviction as provided herein, then the Director shall conduct a public hearing, in accordance with Notice and Hearing Procedure set forth in this Chapter, to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the Director may take any of the following actions:
a) Suspend the license/ permit for up to ninety (90) days;
b) Revoke the license/ permit for the remainder of the license year; or
c) Place the license/ permit holder on administrative probation for a period of up to one (1) year, on the condition that no further violations of this chapter occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.
4332. Notice and hearing procedure.
4332.1 In any instance in this Chapter wherein a hearing is required, the Director shall, after no less than ten (10) days written notice to the applicant or licensee, hold such hearing to ascertain all facts in the matter.
4332.2 Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by registered or certified mail to the licensee's last-known address. In the event that the Director is unable to serve the adult entertainment business licensee in person, and any notice sent by mail is returned by the postal service, the Director shall cause such notice to be posted at the principal entrance of the adult live entertainment or adult entertainment business and such posting shall be a valid means of service.
4332.3 At such hearing, an applicant or licensee shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross-examine all witnesses who appear against him or her. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The Director may receive evidence relevant to the issues from the applicant or licensee. Witnesses may be subpoenaed, and upon request of any party, the Director shall issue subpoenas, and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in circuit court.
4332.4 The Director shall issue findings of fact and conclusions of law, and an order wherein it dismisses the complaint, or suspends or revokes the license previously issued. The Director's order shall be served upon the applicant or licensee in person or by registered or certified mail to the applicant's or licensee's last-known address. In the event that the Director is not able to serve such order upon the licensee or applicant for renewal license in the manner stated above, such order may be served by posting such order at the principal entrance of the adult entertainment business and such posting shall be a valid means of service.
4333. Motion picture arcade booth establishments; additional enforcement.
In addition to the enforcement procedures set forth in this Chapter, the Director may enforce the provisions of this Chapter pertaining to motion picture arcade establishments through the following administrative enforcement procedure:
4333.1 The Director or an authorized representative, may issue a written notice and order to the owner, operator, manager or person in charge of a motion picture arcade booth establishment of any violation of the requirements or duties set out in this Chapter requiring that at least one side of each motion picture arcade booth shall be completely open, that the surface of all walls between booths be covered with metal and maintained free of holes or other structural openings, that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth is not obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device, and that no more than one person occupy a booth at any one time. The notice and order shall set forth the alleged violations of this Chapter, describe the premises where the violations are alleged to exist and specify a period of 48 hours from the time of service of the notice and order for the correction of any violation alleged.
4333.2 The notice and order shall be served upon the owner, operator or person in charge of the motion picture arcade booth establishment by delivery of a copy of the notice and order to such owner, operator, manager or person in charge of a motion picture arcade booth establishment or by leaving such copy at their usual place of abode with a member of the family over the age of 15 years or by mail addressed to the owner, operator or person in charge or agent thereof. If service is by mail, the notice and order will be deemed to have been served 72 hours after it was placed in the U.S. mail. If one or more persons to whom such notice and order is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice and order in or about the premises described in the notice and order, and by causing such notice and order to be published in a newspaper of general publication. If service is by posting and publication, the notice and order will be deemed to have been served 72 hours after posting or publication, whichever occurs later.
4333.3 If the Director or authorized designee, finds that the alleged violation still exists after 48 hours from the time of service, the Director or his designee may order the closure of the portion of the establishment containing the booths and shall prominently post notice of the closure on the premises. Any closure shall remain in effect until the Director determines that the violations have been abated. If the owner, operator, manager or person in charge of the establishment believes that the violations have been abated but the Director disagrees, the owner, operator, manager or person in charge may request a hearing in writing. The hearing shall be before the Director or authorized designee and shall be provided within ten days of receipt of the written request. The Director may from time to time establish rules governing the conduct of the hearings.
4333.4 To prevent a stay or closure, the owner, operator, manager or person in charge of the motion picture arcade booth establishment may request a hearing within 48 hours of the time of service of a notice and order. The request for a hearing must be in writing. The hearing shall be before the Director or authorized designee and shall be provided within 10 days of receipt of the written request. The filing of a written request for a hearing shall stay the Director's power to order closure until after the hearing is concluded and an administrative decision has issued finding a violation enforced under this section. The Director may from time to time establish rules governing the conduct of the hearings.
4334. Judicial review-stay of enforcement of orders.
Following the entry of an order by the Director suspending or revoking a license issued pursuant to this chapter, or disapproving the renewal application for a license, such licensee or applicant may seek judicial review in a manner provided by law. The Director shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review. Venue lies exclusively in the Circuit Court of Jackson County, Missouri.
4335. Injunction.
With or without the issuance of a suspension, revocation, nonrenewal, an administrative written notice and order or the initiation of legal proceedings in circuit court, the County may apply to the appropriate court for injunctive relief which would require the correction or abatement of any violation of this Chapter. The initiation or exhaustion of one of these enforcement proceedings shall not be a prerequisite to the initiation of any other of these enforcement proceedings. Different types of enforcement proceedings may be pursued concurrently.
4336. Judicial review of orders of Director; stay of enforcement of orders.
Following the entry of an order by the Director against a licensee, suspending or revoking a license or permit, or disapproving a new or renewal application for a license or permit, such licensee, permittee or applicant may seek judicial review in a manner provided by law. The Director shall stay enforcement of such order for a period of time not to exceed 30 days pending the filing or final disposition of proceedings for judicial review.
4337. Informal disposition of contested cases.
Nothing contained in this Chapter shall preclude the informal disposition of contested cases by stipulation, consent order or default, or by agreed settlement.
4338. Penalty for violation of Chapter.
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 of not more than $1000 or up to 1 year in the Jackson County Department of Corrections for each offense. 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. The penalties provided in this section are in addition to and are separate from any administrative actions by the Director against a license, suspend, revoke or disapprove renewal of a license or permit issued under this Chapter, or to order the closure of any portion of a motion picture arcade entertainment containing motion picture arcade booths.]
4300. Rationale and findings.
(a) Purpose. It is the purpose of this Chapter to regulate adult entertainment businesses in order to promote the health, safety, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult entertainment businesses within the County. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
(b) Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Legislature, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); and
Sensations, Inc. v. City of Grand Rapids, --- F.3d ---, 2008 WL 2097410 (6th Cir. May 20, 2008); Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); Jakes, Ltd. v. City of Coates, 284 F.3d 884 (8th Cir. 2002); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); Scope Pictures v. City of Kansas City, 140 F.3d 1201 (8th Cir. 1998); Excalibur Group v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Ambassador Books & Video v. City of Little Rock, 20 F.3d 858 (8th Cir. 1994); Alexander v. Minneapolis, 928 F.2d 278 (8th Cir. 1991); John Doe v. Minneapolis, 898 F.2d 612 (8th Cir. 1990); Thames Enters. v. St. Louis, 851 F.2d 199 (8th Cir. 1988); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); United States v. Evans, 272 F.3d 1069 (8th Cir. 2002);United States v. Mueller, 663 F.2d 811 (8th Cir. 1981); United States v. Frederickson, 846 F.2d 517 (8th Cir. 1988); Ctr. for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (7th Cir. 1996); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Green v. City of St. Paul, 1999 WL 376099 (8th Cir. 1999); Deja Vu of Nashville, Inc. v. Metro. Gov't of Nashville & Davidson County, 274 F.3d 377 (6th Cir. 2002); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Kentucky Restaurant Concepts, Inc. v. City of Louisville, 209 F. Supp. 2d 672 (W.D. Ky. 2002); People ex rel. Deters v. Effingham Retail #27, Inc. d/b/a The Lion's Den Adult Superstore, Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);
and based upon reports concerning secondary effects occurring in and around adult entertainment businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; McCleary Report - 2008; New York, New York Times Square - 1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota),
the Legislature finds:
(1) Adult entertainment businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
(2) Each of the foregoing negative secondary effects constitutes a harm which the County has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the County's rationale for this Chapter, exists independent of any comparative analysis between sexually oriented and non-adult entertainment businesses. Additionally, the County's interest in regulating adult entertainment businesses extends to preventing future secondary effects of either current or future adult entertainment businesses that may locate in the County. The County finds that the cases and documentation relied on in this Chapter are reasonably believed to be relevant to said secondary effects.
The County hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of adult businesses, including the judicial opinions and reports related to such secondary effects.
4301. Definitions.
For purposes of this Chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unles a different meaning is clearly indicated by the context.
"Adult Bookstore or Adult Video Store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas."
A "principal business activity" exists where the commercial establishment:
(a) has at least 35% of its displayed merchandise which consists of said items, or
(b) has at least 35% of the wholesale value of its displayed merchandise which consists of said items, or
(c) has at least 35% of the retail value (defined as the price charged to customers) of its displayed merchandise which consists of said items, or
(d) derives at least 35% of its revenues from the sale or rental, for any form of consideration, of said items, or
(e) maintains at least 35% of its interior business space for the display, sale, and/or rental, for any form of consideration, of said items (aisles and walkways used to access said items shall be included in "interior business space" maintained for the display, sale, or rental of said items), or
(f) maintains at least five hundred square feet (500 sq. ft.) of its interior business space for the display, sale, and/or rental of the foregoing items (aisles and walkways used to access said items shall be included in "interior business space" maintained for the display, sale, or rental of said items) and limits access to the premises to adults only; or
(g) offers for sale or rental at least two thousand (2,000) of the foregoing items and limits access to the premises to adults only; or
(h) maintains an "adult arcade," which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."
"Adult Cabaret" means a nightclub, juice bar, restaurant, lounge, or similar commercial establishment which regularly features persons who appear semi-nude.
"Adult Entertainment Business" means an "adult bookstore or adult video store," an "adult cabaret," an "adult motion picture theater," an "explicit novelty store," or a "semi-nude model studio."
"Adult Motion Picture Theater" means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown to more than five persons for any form of consideration.
"Characterized by" means describing the essential character or quality of an item. As applied in this Chapter, no business shall be classified as an adult entertainment business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
"County" means Jackson County, Missouri.
"Director" means the Director of the Jackson County Public Works Department or his or her designee.
"Employ, Employee, and Employment" describe and pertain to any person who performs any service on the premises of an adult entertainment business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
"Establish or Establishment" shall mean and include any of the following:
(a) The opening or commencement of any adult entertainment business as a new business;
(b) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business; or
(c) The addition of any adult entertainment business to any other existing adult entertainment business.
"Explicit Novelty" means any three (3) dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
"Explicit Novelty Store" means a commercial establishment that is open to adults only and that regularly features explicit novelties. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services.
"Hearing Officer" means an attorney, not otherwise employed by the County, who is licensed to practice law in Missouri, and retained to serve as an independent tribunal to conduct hearings under this Chapter.
"Influential Interest" means any of the following: (1) the actual power to operate the adult entertainment business or control the operation, management or policies of the adult entertainment business or legal entity which operates the adult entertainment business, (2) ownership of a financial interest of thirty percent (30%) or more of a business or of any class of voting securities of a business, or (3) holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the adult entertainment business.
"Licensee" shall mean a person in whose name a license to operate an adult entertainment business has been issued, as well as the individual or individuals listed as an applicant on the application for an adult entertanment business license. In the case of an "employee," it shall mean the person in whose name the adult entertainment business employee license has been issued.
"Nudity or a State of Nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
"Operator" means any person on the premises of an adult entertainment business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult entertainment business whether or not that person is an owner, part owner, or licensee of the business. For purposes of this Chapter, an operator of an adult entertainment business shall also be deemed a manager of the adult entertainment business.
"Person" shall mean individual, proprietorship, partnership, corporation, association, or other legal entity.
"Premises" means the real property upon which the adult entertainment business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult entertainment business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for an adult entertainment business license.
"Regularly" means the consistent and repeated doing of an act on an ongoing basis.
"Semi-Nude or State of Semi-Nudity" means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
"Semi-Nude Model Studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a class operated:
(a) By a college, junior college, or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) In a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(2) Where, in order to participate in a class a student must enroll at least three days in advance of the class.
"Specified Anatomical Areas" means and includes:
(a) Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified Criminal Activity" means any of the following crimes for which less than five years has elapsed since the date of conviction or the date of release from confinement with respect to a felony, or for which less than two years has elapsed since the date of conviction with respect to a misdemeanor, whichever is the later date:
(a) sexual offenses set forth in RSMo ch. 566;
(b) prostitution offenses set forth in RSMo ch. 567;
(c) offenses involving a child and sex set forth in RSMo ch. 568;
(d) pornography and related offenses set forth in RSMo ch. 573;
(e) controlled substance, illegal drug, or narcotics offenses as set forth in the state comprehensive drug control act set forth in RSMo ch. 195;
(f) offenses similar to the foregoing offenses that are set forth in other portions of the state statutes;
(g) any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
(h) any offense in another jurisdiction that, had the predicate act(s) been committed in Missouri, would have constituted any of the foregoing offenses.
"Specified Sexual Activity" means any of the following:
(a) intercourse, oral copulation, masturbation or sodomy; or
(b) excretory functions as a part of or in connection with any of the activities described in (a) above.
"Transfer of Ownership or Control" of an adult entertainment business shall mean any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
"Viewing Room" shall mean the room, booth, or area where a patron of an adult entertainment business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video reproduction.
4302. License required.
(a) Business License. It shall be unlawful for any person to operate an adult entertainment business in the unincorporated area of Jackson County without a valid adult entertainment business license.
(b) Employee License. It shall be unlawful for any person to be an "employee," as defined in this Chapter, of an adult entertainment business in the unincorporated area of Jackson County without a valid adult entertainment business employee license, except that a person who is a licensee under a valid adult entertainment business license shall not be required to also obtain an adult entertainment business employee license.
(c) Application. An applicant for an adult entertainment business license or an adult entertainment business employee license shall file in person at the office of the Director a completed application made on a form provided by the Director. An adult entertainment business may designate an individual with an influential interest in the business to file its application for an adult entertainment business license in person on behalf of the business. The application shall be signed as required by subsection (d) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection (c), accompanied by the appropriate licensing fee:
(1) The applicant's full legal name and any other names used by the applicant in the preceding five (5) years.
(2) Current business address or another mailing address for the applicant.
(3) Written proof of age, in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(4) If the application is for an adult entertainment business license, the business name, location, legal description, mailing address and phone number of the adult entertainment business.
(5) If the application is for an adult entertainment business license, the name and business address of the statutory agent or other agent authorized to receive service of process.
(6) A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this Chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
(7) A statement of whether any adult entertainment business in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to a court order of closure or padlocking.
(8) An application for an adult entertainment business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this Chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations.
The information provided pursuant to this subsection (c) shall be supplemented in writing by certified mail, return receipt requested, to the Director within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(d) Signature. A person who seeks an adult entertainment business employee license under this section shall sign the application for a license. If a person who seeks an adult entertainment business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks an adult entertainment business license is other than an individual, each person with an influential interest in the adult entertainment business or in a legal entity that controls the adult entertainment business shall sign the application for a license as applicant. Each applicant must be qualified under this Chapter and each applicant shall be considered a licensee if a license is granted.
(e) The information provided by an applicant in connection with an application for a license under this Chapter shall be maintained by the office of the Director on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.
4303. Issuance of license.
(a) Business License. Upon the filing of a completed application for an adult entertainment business license, the Director shall immediately issue a Temporary License to the applicant if the completed application is from a preexisting adult entertainment business that is lawfully operating in the County and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment business license. The Temporary License shall expire upon the final decision of the County to deny or grant an annual license. Within twenty (20) days of the filing of a completed adult entertainment business license application, the Director shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Director shall issue a license unless:
(1) An applicant is less than eighteen (18) years of age.
(2) An applicant has failed to provide information required by this Chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) The license application fee required by this Chapter has not been paid.
(4) The adult entertainment business, as defined herein, is not in compliance with the interior configuration requirements of this Chapter or the locational requirements of any other part of the Jackson County Code, including Chapter 240 of the Unified Development Code.
(5) Any adult entertainment business in which the applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to an order of closure or padlocking.
(6) An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this Chapter.
(b) Employee License. Upon the filing of a completed application for an adult entertainment business employee license, the Director shall immediately issue a Temporary License to the applicant if the applicant seeks licensure to work in a licensed adult entertainment business and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment business employee license. The Temporary License shall expire upon the final decision of the County to deny or grant an annual license. Within twenty (20) days of the filing of a completed adult entertainment business employee license application, the Director shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Director shall issue a license unless:
(1) The applicant is less than eighteen (18) years of age.
(2) The applicant has failed to provide information as required by this Chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) The license application fee required by this Chapter has not been paid.
(4) Any adult entertainment business in which the applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to an order of closure or padlocking.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this Chapter.
(c) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for an adult entertainment business, the address of the adult entertainment business. The adult entertainment business license shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that t may be read at any time that the business is occupied by patrons or is open to the public. An adult entertainment business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing. If a person has a Temporary License, the person shall have the form of identification that the person submitted with its application on the premises at all times that the person is on the premises.
4304. Fees.
The initial license and annual renewal fees for adult entertainment business licenses and adult entertainment business employee licenses shall be as follows: seven hundred fifty dollars ($750) for the initial fee for an adult entertainment business license and seven hundred fifty dollars ($750) for annual renewal; fifty dollars ($50) for the initial adult entertainment business employee license and fifty dollars ($50) for annual renewal.
4305. Inspection.
Adult entertainment businesses and adult entertainment business employees shall permit the Director and his or her agents to inspect, from time to time on an occasional basis, not less than once per quarter, the portions of the adult entertainment business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this Chapter, during those times when the adult entertainment business is occupied by patrons or is open to the public. This section shall be narrowly construed by the County to authorize reasonable inspections of the licensed premises pursuant to this Chapter, but not to authorize a harassing or excessive pattern of inspections.
4306. Expiration and renewal of license.
(a) Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in this Chapter.
(b) Application for renewal of an annual license should be made at least ninety (90) days before the expiration date of the current annual license, and when made less than ninety (90) days before the expiration date, the expiration of the current license will not be affected.
4307. Suspension.
(a) The Director shall issue a written notice of intent to suspend an adult entertainment business license for a period not to exceed thirty (30) days if the adult entertainment business licensee has knowingly violated this Chapter or has knowingly allowed an employee or any other person to violate this Chapter.
(b) The Director shall issue a written notice of intent to suspend an adult entertainment business employee license for a period not to exceed thirty (30) days if the employee licensee has knowingly violated this Chapter.
4308. Revocation.
(a) The Director shall issue a written notice of intent to revoke an adult entertainment business license or an adult entertainment business employee license, as applicable, if the licensee knowingly violates this Chapter or has knowingly allowed an employee or any other person to violate this Chapter and a suspension of the licensee's license has become effective within the previous twelve-month (12-mo.) period.
(b) The Director shall issue a written notice of intent to revoke an adult entertainment business license or an adult entertainment business employee license, as applicable, if:
(1) The licensee has knowingly given false information in the application for the adult entertainment business license or the adult entertainment business employee license.
(2) The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the adult entertainment business;
(3) The licensee has knowingly or recklessly engaged in or allowed solicitation or prostitution on the premises o the adult entertainment business;
(4) The licensee knowingly or recklessly operated the adult entertainment business during a period of time when the license was finally suspended or revoked;
(5) The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity or specified criminal activity to occur in or on the premises of the adult entertainment business; or
(6) The licensee has knowingly or recklessly allowed a person under the age of eighteen (18) years to consume alcohol or appear in a state of semi-nudity or nudity on the premises of the adult entertainment business.
(c) The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
(d) When, after the notice and hearing procedure described in this Chapter, the County revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult entertainment business license or adult entertainment business employee license for one (1) year from the date revocation becomes effective.
4309. Hearing; license denial, suspension, revocation; appeal.
(a) When the Director issues a written notice of intent to deny, suspend, or revoke a license, the Director shall immediately send such notice, which shall include the specific grounds under this Chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Director for the respondent. The respondent shall have ten (10) days after the delivery of the written notice to submit, at the office of the Director, a written request for a hearing. If the respondent does not request a hearing within said ten (10) days, the Director's written notice shall become a final denial, suspension, or revocation, as the case may be, on the thirtieth (30th) day after it is issued, and shall be subject to the provisions of subsection (b) of this Section.
If the respondent does make a written request for a hearing within said ten (10) days, then the Director shall, within ten (10) days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten (10) days nor more than twenty (20) days after the date that the hearing notice is issued. The County shall provide for the hearing to be transcribed.
At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the Director's witnesses. The Director shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two (2) days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this Chapter, to the respondent within five (5) days after the hearing.
If the decision is to deny, suspend, or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth (30th) day after it is rendered. If the Hearing Officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the Director to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the Director shall contemporaneously therewith issue the license to the applicant.
(b) If any court action challenging a licensing decision is initiated, the County shall prepare and transmit to the court a transcript of the hearing within thirty (30) days after receiving written notice of the filing of the court action. The County shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any adult entertainment business that is lawfully operating as an adult entertainment business, or any adult entertainment business employee that is lawfully employed as an adult entertainment business employee, on the date on which the completed business or employee application, as applicable, is filed with the Director: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the County's enforcement of any denial, suspension, or revocation of a Temporary License or annual license, the Director shall immediately issue the respondent a Provisional License. The Provisional License shall allow the respondent to continue operation of the adult entertainment business or to continue employment as an adult entertainment business employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the County's enforcement.
4310. Transfer of license.
A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult entertainment business under the authority of a license at any place other than the address designated in the adult entertainment business license application.
4311. Hours of operation.
No adult entertainment business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day.
4312. Regulations pertaining to exhibition of sexually explicit films on premises.
(a) A person who operates or causes to be operated an adult entertainment business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) Each application for an adult entertainment business license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.
(2) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(3) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(4) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the licensed premises.
(5) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(i) That the occupancy of viewing rooms less than 150 square feet is limited to one person.
(ii) That specified sexual activity on the premises is prohibited.
(iii) That the making of openings between viewing rooms is prohibited.
(iv) That violators will be required to leave the premises.
(v) That violations of these regulations are unlawful.
(6) It shall be the duty of the operator to enforce the regulations articulated in (5)(i) though (iv) above.
(7) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station, which shall be in a fixed location, of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(8) It shall be the duty of the operator to ensure that no porous materials are used for any wall, floor, or seat in any booth or viewing room.
(b) It shall be unlawful for a person having a duty under subsections (a)(1) through (a)(8) to knowingly fail to fulfill that duty.
(c) No patron shall knowingly enter or remain in a viewing room less than 150 square feet in area that is occupied by any other patron.
(d) No patron shall knowingly be or remain within one foot of any other patron while in a viewing room that is 150 square feet or larger in area.
(d) No person shall knowingly make any hole or opening between viewing rooms.
4313. Loitering, exterior lighting and monitoring, and interior lighting requirements.
(a) It shall be the duty of the operator of an adult entertainment business to: (i) ensure that at least two conspicuous signs stating that no loitering is permitted on the premises are posted on the premises; (ii) designate one or more employees to monitor the activities of persons on the premises by visually inspecting the premises at least once every ninety (90) minutes or inspecting the premises by use of video cameras and monitors; and (iii) provide lighting to the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. Said lighting shall be of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) foot candles as measured at the floor level If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.
(b) It shall be the duty of the operator of an adult entertainment business to ensure that the interior premises 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 five (5.0) foot candles as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.
(c) No adult entertainment business shall erect a fence, wall, or similar barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right of way.
(d) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
4314. Penalties and enforcement.
(a) A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this Chapter shall be guilty of a misdemeanor, and, upon conviction, shall be punishable by a fine of not more than $1,000.00, by imprisonment in the Jackson County Department of Corrections for not more than one year, or by both fine and imprisonment. Each day a violation is committed, or permitted to continue, shall constitute a separate offense and shall be fined as such.
(b) The County's legal counsel is hereby authorized to institute civil suits necessary for the enforcement of this Chapter to enjoin, prosecute, restrain, or correct violations hereof. Such proceedings shall be brought in the name of the County, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this Chapter, or any of the laws in force in the County or to exempt anyone violating this code or any pat of the said laws from any penalty which may be incurred.
4315. Applicability of Chapter to existing businesses.
All preexisting adult entertainment businesses lawfully operating in the County in compliance with all state and local laws prior to the effective date of this Chapter, and all adult entertainment business employees working in the County prior to the effective date of this Chapter, are hereby granted a De Facto Temporary License to continue operation or employment for a period of sixty (60) days following the effective date of this Chapter. By the end of said sixty (60) days, all adult entertainment businesses and adult entertainment business employees must conform to and abide by the requirements of this Chapter.
4316. Prohibited conduct.
(a) No patron, employee, or any other person shall knowingly or intentionally, in an adult entertainment business, appear in a state of nudity or engage in a specified sexual activity.
(b) No person shall knowingly or intentionally, in an adult entertainment business, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six (6) feet from all patrons and on a stage at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.
(c) No employee who regularly appears semi-nude in an adult entertainment business shall knowingly or intentionally touch a customer or the clothing of a customer on the premises of an adult entertainment business.
(d) No person shall sell, use, or consume alcoholic beverages on the premises of an adult entertainment business.
(e) No person shall knowingly or recklessly allow a person under the age of eighteen (18) years to be or remain on the premises of an adult entertainment business.
(f) No person shall engage in any gambling activity on the premises of an adult entertainment business.
(g) No operator or licensee of an adult entertainment business shall knowingly violate the regulations in this section or knowingly allow an employee or any other person to violate the regulations in this section.
(h) A sign in a form to be prescribed by the Director, and summarizing the provisions of subsections (a), (b), (c), (d), (e), and (f) shall be posted near the entrance of the adult entertainment business in such a manner as to be clearly visible to patrons upon entry. No person shall cover, obstruct, or obscure said sign.
4317. Scienter required to prove violation or business licensee liability.
This Chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this Chapter. Notwithstanding anything to the contrary, for the purposes of this Chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the adult entertainment business licensee for purposes of finding a violation of this Chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
4318. Failure of County to meet deadline not to risk applicant/licensee rights.
In the event that a County official is required to act or to do a thing pursuant to this Chapter within a prescribed time, and fails to act or to do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the County official under this Chapter, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the County of an applicant or licensee's application for an adult entertainment business license or an adult entertainment business employee's license (including a renewal), the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the County's action has passed.
4319. Severability.
This Chapter and each section and provision of said Chapter hereunder, are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said Chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. Should any procedural aspect of this Chapter be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this Chapter.
Section B. Penalty Provision. Violations of any of the penal provisions of the Ordinances are punishable, upon conviction, pursuant to section 4314 of this Ordinance.
Section C. Effective Date. This Ordinance shall be effective immediately upon its signature by the County Executive as more fully set out in article II, section 12 of the Jackson County Charter.
Enacted and Approved
Effective Date: This ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________ _____________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance #3993 introduced on May 12, 2008, was duly passed on June 2, 2008 by the Jackson County Legislature. The votes thereon were as follows:
Yeas_____9_______ Nays____0______
Abstaining _____0____ Absent ____0_____
This Ordinance is hereby transmitted to the County Executive for his signature.
________________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #3993.
_______________________ __________________________________
Date Michael Sanders, County Executive