§ 12-63. 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 under section 12-45; the name of the manager on duty at any time shall be prominently displayed at or near the operator's station;

(2)

Ensure that all lighting, including theater runway/aisles lighting, required by this article 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 sexual activity, 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), takes place on the business premises, whether in or out of public view;

(5)

Prevent and ensure that no prostitution or solicitation for prostitution takes place on the business premises, whether in or out of public view;

(6)

Prevent and ensure that no gambling takes place on the business premises;

(7)

Prevent any unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the business premises;

(8)

Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises;

(9)

Prevent persons under 18 years of age from entering the business premises;

(10)

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;

(11)

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 city's building code;

(12)

Allow law officers, code enforcement officers, health officers or other representatives of the city or other public agencies full access to the business premises at anytime during business hours for purposes of inspection to ensure compliance with this article and other applicable laws.

(b)

An adult entertainment business, which exhibits 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)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station 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;

(2)

An operator's station shall not exceed 32 square feet of floor area;

(3)

If the premises has two or more operator's stations designated, 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 from at least one of the operator's stations;

(4)

The view required under this subsection shall be by direct line of sight from the operator's station;

(5)

It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; and

(6)

It shall be the duty of the operator and of any employees present on the premises to ensure that the view area specified in this subsection 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.

(c)

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 city's building code.

(d)

No licensee or employee or agent of a licensee of a business licensed under this article shall warn or inform any person on the business premises of the presence of any city investigator or any law enforcement officer in connection with the enforcement of the provisions of this article, by any means, including but not limited to any electrical, mechanical or other device whether or not the device is constructed, installed or located on the premises.

(e)

The license and the standards of operation, affirmative duties and other requirements of this article 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 article.

(f)

Failure to comply with the requirements of this section and all other requirements of this article is unlawful and a violation of this article and shall be grounds for suspension, revocation or nonrenewal of a license pursuant to the provisions contained in this article.

(Ord. No. 981345, § A, 12-21-98; Ord. No. 992108, 9-30-99; Ord. No. 160373 , § 2, 6-9-16)