Chapter 6: Business Regulations and Licenses
ARTICLE I. BUSINESS LICENSES
§ 6-1. Definitions
§ 6-2. License tax levied.
§ 6-3. Amount of license tax.
§ 6-4. License - Term; not transferable.
§ 6-5. No license to be issued unless city taxes paid.
§ 6-6. Penalty for not obtaining license.
§ 6-7. Sale of merchandise on streets.
§ 6-8. Rummage, garage and yard sales.
§ 6-9. No license to be issued unless business is current on city and state taxes.
§ 6-10. Business licenses - Suspension or revocation.
§§ 6-11 to 6-12. Reserved.
ARTICLE II. PEDDLERS AND SOLICITORS
§ 6-13. Definitions.
§ 6-14. Notice required.
§ 6-15. Solicitors license.
§ 6-15A. Solicitation prohibited in certain areas.
§ 6-16. Transient merchant license.
§ 6-17. Parking vehicle.
§§ 6-18 to 6-22. Reserved.
ARTICLE III. JUNK YARDS
§ 6-23. Definitions.
§ 6-24. License - Required.
§ 6-25. Application for license.
§ 6-26. Investigation of licensee; issuance of license.
§ 6-27. License fee.
§; 6-28. Term of license.
§ 6-29. License not transferable.
§ 6-30. General operating requirements.
§§ 6-31 to 6-35. Reserved.
ARTICLE IV. TAXICABS
§ 6-36. Definitions.
§; 6-37. License - Required.
§ 6-38. Application for license.
§ 6-39. Granting of license.
§ 6-40. Duration of license.
§ 6-41. Renewal of license.
§ 6-42. Transfer of license.
§ 6-43. Change of ownership.
§; 6-44. Additional taxicabs licenses.
§; 6-45. Schedule of taxicab charges.
§ 6-46. Amount of license tax.
§ 6-47. Revocation of license.
§ 6-48. Requiring liability insurance.
§ 6-49. Revocation of license by council upon failure to provide liability insurance.
§ 6-50. Clerk to issue license.
§ 6-51. Replacement of equipment.
§ 6-52. Unconstitutionality clause.
§§ 6-53 to 6-57. Reserved.
ARTICLE V. EXPLICIT SEXUAL MATERIALS DISPLAY,
SEXUALLY ORIENTED BUSINESS
§ 6-58. Purpose and findings.
§ 6-59. Definitions.
§ 6-60. Displaying of explicit sexual materials generally.
§ 6-61. License required for sexually oriented business.
§ 6-62. License required for managers, servers and entertainers.
§ 6-63. License application: owners, servers entertainers or managers.
§ 6-64. Application processing.
§ 6-65. Standards of conduct.
§ 6-66. Ventilation and sanitation requirements.
§ 6-67. Performances, closed rooms or booths prohibited, when.
§ 6-68. License - posting, revocation, when.
§ 6-69. Signs required.
§§ 6-70 to 6-75. Reserved.
BUSINESS REGULATIONS AND LICENSES
BUSINESS LICENSES IN GENERAL
Sec. 6-1. Definitions.
(a) Confectioner- For the purpose of this Ordinance creamee or drive-in type business shall be known as confectioners. (Ord. 279, §6.)
(b) Giftenterprise- Whoever shall sell any goods, wares or merchandise, or patent medicine, or other valuable things in this city, and as an inducement to such sale shall offer to give anything other than the article sold or offered to be sold, shall be deemed the keeper of a gift enterprise, and shall take out a license as provided by this Ordinance. (Ord. 279, §3.)
(c) Transientmerchant- A transient merchant for the purpose of this Ordinance shall be one who engages in the selling of goods, wares, and merchandise from a motor vehicle moving or parked or who otherwise carries their goods from door to door. (Ord. 279, §4.)
Sec. 6-2. License tax levied.
(a) No person, copartnership, firm or corporation, shall hereafter for themselves or itself, engage in or carry on in person or by agent, any of the following named occupations, professions, business or trade, without first procuring a license from the proper authority in the City of St. James, Missouri, to wit:
Menagerie, circus, carnival, theatrical, operatic, minstrel, musical performance, concert lectures, street exhibitions, puppet shows, legerdemain, rope or wire walking, all-night sings, peddlers or transient merchants, bowling or ten pin alley, butcher shops, locker plants, slaughter houses, wood or coal yards, billiard tables, bagatelle tables, pigeon hole tables, pool tables, jenny lind tables, or other game tables, gift enterprise, auction houses or stores, druggist or drug dispenser, vehicles operated in hauling goods and wares, general merchandise stores, furniture dealers, appliance dealers, contractors and builders, undertakers, embalmers, barber shops, hair dressers, printing presses, feed grinders, exchange mills, and grain elevators, clock or watch repair, jewelry repair, gunsmiths, express companies offices, pawn brokers, public halls, brokers, express agents, fortune tellers, horoscopic views, real estate agents or dealers, motels, hotels, boarding houses, nursing homes, restaurants, bakery, scales, photographists or photographers, patent right dealers, confectioner, loan agents, insurance agents, banks, implement dealers, hardware, lumber yards, commission merchants or produce dealers, dry cleaning or tailoring, service stations, electric, radio, and/or T.V. repair, welding, generator shops, plumbers, electricians, fish bait dealers, used car dealers, laundromats, landscape gardeners and dealers, wholesale merchants, tin shop, garages, auctioneers, package store, sign painters, opticians or optometrist, and warehouses, trailer parks, ready-mix, concrete blocks, and telephone exchanges. (Ord. 279, §1.)
(b) Every person, CO-partnership of persons, or corporation, who shall deal in the selling of goods, wares or merchandise at any store, stand or place occupied for that purpose within this city is declared to be a merchant, and shall pay a license tax hereinafter specified, together with all ad valorem tax not exceeding the amount levied on real estate on the highest amount of all goods, wares, and merchandise which they may have in their possession or under their control, whether owned or consigned to them for sale at any time between the first Monday in March and the first Monday in June of each year; provided, that no commission merchant shall be required to pay any tax on any unmanufactured article, the growth or product of this or any other State, which may have been consigned to them for sale, and on which he or they have no ownership or interest other than his or their commission. (Ord. 279, §2.)
Sec. 6-3. Amount of license tax.
Type of Business Daily/Annual Fee Qty Fee
(A) Appliance dealer See furniture dealer
Auction houses and stores Annaul $35.00
Auctioneers Annual $35.00
Automobile, used Annual $35.00
(B) Bait dealers Annual $35.00
Bakery See restaurant
Banks Annual $35.00
Barber shops and hair dresser (one chair) Annual $35.00
Additional chairs $5.00 per chair $5.00
Billiard tables, bagatelle table,
pigeon hole table, jenny lind table, Annual $35.00
Other tables for gain or hire
Boarding houses and nursing homes Annual $35.00
Bowling alley or ten pin alley Annual $35.00
Brokers Annual $35.00
Builders See contractors
Butcher shops, locker plants,
and slaughter houses Annual $35.00
(C) Car dealer, used See automobile, used
Carnival See menagerie, show
*Child Care-Category 1 (1-6 children) Annual $35.00
*Child Care-Category 1 (6-10 children,
Zoning Restrictions Apply) Annual $35.00
*Child Care-Category 2-Group Child
Care Home (11-20 children) Annual $35.00
*Child Care-Category 3-Child Care
Center (Qty of children per
Directors State Qualifications) Annual $35.00
(*Must be State Registered/Licensed)
Child Care-Nursery School-See State Definition Annual $35.00
Circus See menagerie, show
Clinic, medical Facility, etc. Annual $35.00
Clock and watch repairs Annual $35.00
Coal yard See wood yard
Commission merchants Annual $35.00
Computer Sales, Services, Electronics,
Web Services Annual $35.00
Concerts, lectures, street, exhibitions, Annual $35.00
puppet shows, legerdemain, rope or
wire walking, all-night sings
Concrete ready-mix and block dealer Annual $35.00
Confectioners (Ice Cream Stores) Annual $35.00
Contractors (provided no license tax shall Annual $35.00
be levied on day laborer)
(D) Day Care Provider - See Child Care
Dental, medical Facility, etc. Annual $35.00
Drug dispensing establishment Annual $35.00
Druggist Annual $35.00
Dry cleaning Annual $35.00
(E) Electrician See plumber
Electric shop Annual $35.00
Embalmer See undertaker
Exchange Mill See feed grinder
Exhibitions See concerts, menagerie, show
Express agents Annual $35.00
Express companies Annual $35.00
(F) Feed grinders, exchange mills, grain elevators Annual $35.00
Fortune tellers Annual $35.00
Furniture dealers and/or appliance dealers Annual $35.00
(G) Garage Annual $35.00
Gardeners, nursery, pest control agents Annual $35.00
General merchandise stores Annual $35.00
Generator shop See welding
Gift enterprise Annual $35.00
Grain elevator See feed grinder
Gunsmith See clock and watch repair
(H) Hair dresser See barber shops
Hardware dealers Annual $35.00
Horoscopic views Annual $35.00
Hotel Annual plus $5.00 per room $35.00
(I) Ice manufacturers and dealers Annual $35.00
Implement dealers Annual $35.00
Insurance agents Annual $35.00
Insurance companies Annual $35.00
(J) Jewelry repair See clock and watch repair
Juke box (electrical musical machine Annual $35.00
operated as a musical amusement device)
(L) Laundromat Annual $35.00
Loan agents or companies Annual $35.00
Locker plant See butcher shops
Lumber dealer or yard Annual $35.00
(M) Marble manufacture and dealers Annual $35.00
Message Services Annual $35.00
Medical Facilities, Services Annual $35.00
Menagerie, carnival, circus Annual $35.00
Motel Annual plus $5.00 per room $35.00
Movie house Annual $35.00
(N) Nursery See gardener
Nursing School See Child Care
Nursing home See boarding house
(O) Optician and optometrist Annual $35.00
(P) Package store Annual $35.00
Patent right dealer Annual $35.00
Pawn broker Annual $35.00
Peddler, transient merchant, Solicitor Annual $35.00
Pest control agent See gardener
Photographist and photographers Annual $35.00
Pin ball machine Annual/per machine $35.00
Plumber, electrician (persons or person Annual $35.00
doing business as plumbers and electricians
who sell materials connected with their trade)
Printing (all printing and job printing presses of Annual $35.00
all kinds kept in the same room and under
Produce dealers See commission merchant
Public halls Annual $35.00
(R) Real estate agent or dealers Annual $35.00
Restaurants, bakeries Annual $35.00
(S) Scales Annual $35.00
Self storage warehouses Annual $35.00
Service station Annual $35.00
Show (other than a menagerie or circus) Annual $35.00
all shows, menageries or circuses, where
the exhibitions shows under more than two
tents See also theatrical performances
Sign painter Annual $35.00
Slaughter house See butcher shop
(T) Tailoring See dry cleaning
Tattoo Services Annual $35.00
Telephone exchange - all exchanges Annual $35.00
Theatrical performances, etc. (any theatrical, Annual $35.00
operatic, minstrel, musical performance or
exhibition) See also shows
Tin shop or tin repairer Annual $35.00
Trailer park Annual $35.00
plus $5.00 per Trailer
Transient merchant See peddler
(U) Undertaker and embalmers Annual $35.00
(V) Vehicles (upon a license tax on each Annual $35.00
vehicle used and operated in this city
for the purpose of hauling goods, wares,
and merchandise for parties other than
But this section shall not apply to merchants or other persons who use their own vehicles
to deliver their goods, nor persons working for the cit when in city employ.
(W) Warehouse Annual $35.00
Welding or generator shop Annual $35.00
Wholesale merchants Annual $35.00
(supplying merchants selling at retail)
Wood yard and coal yards Annual $35.00
(Ord. 279; Ord. 913)
Sec. 6-4. License - Term; not transferable.
All licenses except as otherwise provided shall extend for the period of one year from the date of purchase or from the date of purchase to the closest first of the month then one year so that all licenses shall expire at the first of each month. The rate fixed for one year's license and no license to be transferred. (Ord. 279, §5.)
Sec. 6-5. No license to be issued unless city taxes paid.
Hereafter no merchant's license shall be issued or renewed to any person, firm or corporation, who shall at the time of making application for such license or its renewal be indebted to the city for taxes therefore duly assessed against such applicant remaining unpaid. (Ord. 209, §1.)
Sec. 6-6. Penalty for not obtaining license.
Any person, firm association or corporation, engaging in any occupation, trade or business set forth in this Ordinance, in which a license is required, without first having procured a license, shall be adjudged guilty of an offense against the city, and be deemed guilty of a misdemeanor. (Ord. 279, §8; 1977 Code) (For penalty see Section 1-13.)
Sec. 6-7. Sale of merchandise on streets.
(a) Sales- If any person shall sell or expose for sale at public outcry or auction on any of the sidewalks or streets in the frequented parts of the city, any goods, wares, merchandise, or any property or thing of any description, he shall be deemed guilty of a misdemeanor. (Ord. 29, Section 3; 1977 Code) (For penalty see Section 1-13.)
(b) Storage- Hereafter it shall be unlawful for any person, firm or corporation to use any street or alley or any part of any street or alley of the City of St. James, Missouri for the purpose of storing or the displaying of any machinery of any kind or character or any other goods, wares or merchandise. (Ordinance 210, Section 3) (See Section 23-390 for penalty for violation of Section 6-7(b).)
Sec. 6-8. Rummage, garage and yard sales.
(a) Individuals who have rummage, garage, or yard sales on their property or rented property will be limited to six sales per year and each sale shall not exceed a three day duration period.
(b) Individuals who exceed the limitations of this Ordinance to continue the sales will be required to purchase a business license and locate the sales in a properly zoned commercial area.
(c) This Ordinance does not apply to churches, church affiliated organizations, schools, and school affiliated organizations.
(d) A no cost permit for temporary rummage, garage or yard sale signs will be issued by the Police Department upon proper application by phone or in person. The applicant shall provide name, address and dates of the sale. In return the Police Department will issue a permit number. This permit number shall be on any sign on city street and road right of way in two inch or greater font. Signs must be stand alone and cannot be attached to any permanent tree, bush, pole, post or structure.
(e) Signs may not be placed before dawn on the first day of the sale and must be removed by 9:00 P.M. on the last day of the sale.
(f) Any person failing, neglecting, or refusing to comply with the provisions of this Section shall be deemed guilty of an ordinance violation with a fine of not more than $500 and/or up to 30-days in jail. (Ord. 489, §§1-3; Ord. 803)
Sec. 6-9. No license to be issued unless business is current on city and state taxes.
(a) The possession of a retail sales license shall be a prerequisite to the issuance of any city or county occupation license or any state license which is required for conducting any business where goods are sold at retail. The revocation of a retailer's license by the director shall render the occupational license or the state license null and void. (RSMo. 144.083)
(b) Hereafter no city merchant's license shall be issued or renewed to any person, firm or corporation, who shall at the time of making application for such license or its renewal be indebted to the city or state for taxes, therefore duly assessed against such applicant, remaining unpaid.
(c) A copy of the retail sales license issued by the state showing the City of St. James as the address for business must accompany the properly completed application before a merchant's license will be issued. (Ref. RSMo. 144.080 and 144.083) (Ord. 770)
Sec. 6-10. Business licenses - Suspension or revocation.
(a) Any business license having been issued, or issued and thereafter renewed by the City of St. James, Missouri under the provision of this Chapter may be suspended or revoked by the action of the City Council for violation, by the licensee, of any applicable provision of State Statute, State law, Rule, Regulation, this Code or City Ordinances.
(b) Written notice of any violation as described in this Section 6-10 shall be given to the licensee by personal service or certified mail deliverable to addressee only advising the licensee that licensee's business license may be suspended or revoked unless the violation is corrected and abated. The written notice shall also advise the licensee of the right to a public hearing before the City Council prior to any suspension or revocation.
(c) Following a public hearing and a finding by the City Council of substantial evidence that a violation has occurred, is continuing and has not been corrected or abated, the license shall be suspended for a period not exceeding one (1) year or shall be revoked.
(d) Following suspension of a business license and prior to its reinstatement, the City shall require an inspection of licensee's business to determine whether the violation has been corrected and for each such inspection a fee of one hundred dollars ($100.00) shall be charged.
(e) Any city employee so designated by the Mayor shall be a "Business License Compliance Officer" within the meaning of this Chapter. (Ord. 900)
Secs. 6-11 to 6-12. Reserved.
PEDDLERS AND SOLICITORS
Sec. 6-13. Definitions.
(a) Local area of the City of St. James- For purposes of this Ordinance, the local area of the City of St. James is defined as that area contiguous with the city limits for a distance of three (3) miles. (Ord. 395, §5.)
Sec. 6-14. Notice required.
(a) Local area persons- Any person, group of persons or organization residing or operating in the local area of the City of St. James desiring to solicit within the City of St. James for contributions of money and/or other recompense shall give notice to so solicit to the chief of police of the City of St. James ten (10) days prior to the intended date of soliciting. Said notice shall set forth the date(s) of solicitation, the name, address and telephone number of some local person from whom information may be obtained concerning the purpose of the contribution being sought, the name(s) of person(s) in charge of such group or organization, and the name(s) of person(s) who will be conducting the solicitation .
(b) Nonlocal area persons- Any individual, groups of individuals or organizations not residing or operating in the local area of the City of St. James shall give at least fourteen (14) days notice to the chief of police of the City of St. James for contributions of money and/or other recompense. Said notice shall set forth the date(s) of solicitation, the name(s) of person(s) (including birthdates and social security numbers) who will be doing the soliciting, and shall furnish at least two (2) letters of reference from persons not associated with the organization or group of individuals, verifying the purpose for which the funds to be solicited are to be used. (Ord. 395, §§1-2.)
Sec. 6-15. Solicitors license.
Any such solicitors not residing or operating within the local area of the City of St. James shall obtain a solicitors license from the clerk of the City of St. James, said solicitors license shall be in effect for a period of two (2) days. The license fee shall be in the amount of fifteen ($15.00) dollars per person. (Ord. 395, §3.)
Sec. 6-15A. Solicitation prohibited in certain areas.
It shall be unlawful for any person, group of persons, or organization to solicit for contributions of money and/or other recompense at the following locations within the City of St. James:
A. Within a one hundred (100) yard radius of the intersection of Jefferson Street and James Boulevard. (Ord. 492)
Sec. 6-16. Transient merchant license.
Any person soliciting contributions of money who exchange goods, merchandise or products in return for the contribution shall first obtain a transient merchants license from the City of St. James. The license fee for transient merchants license shall be in the amount of thirty-five ($35.00) dollars per organization. (Ord. 395; Ord. 917.) (See Section 6-3(p).)
Sec. 6-17. Parking vehicle.
(a) Hereafter it shall be unlawful for any person engaging in or carrying on the business or occupation of a peddler or itinerant merchant within the City of St. James, Missouri to park the vehicle from which he is operating his business upon the public streets, alleys, or other public parks or places within the City of St. James, Missouri; provided however that this provision shall not be construed to mean that such vehicle cannot be driven from place to place and temporarily stopped while the person operating the same is making or attempting to make a sale. (Ord. 286, §1.)
(b) It is the intention of the city council of the City of St. James, Missouri to prohibit anyone engaging in or carrying on the business or occupation of a peddler or itinerant merchant to carry on such business at one location by parking the operator's vehicle in any one particular place during the time that he is carrying on his business as a peddler or itinerant merchant.
(c) Any person violating this Ordinance shall have his license revoked and shall be deemed guilty of a misdemeanor. (Ord. 286, §3; 1977 Code) (For penalty see Section 1-13.)
Secs. 6-18 to 6-22. Reserved.
Sec. 6-23. Definitions.
(a) Business premises or premises- "Business premises" or "premises" shall mean the area of a junkyard as described in a junk dealer's license or application for license, as provided for in this subchapter. (1977 Code)
(b) Itinerant junk dealer- "Itinerant junk dealer" shall mean an individual (natural person) who buys, sells, collects, or delivers junk within the city as a business or employment within the city, but who is not an operator of a junkyard within the city or an employee of such an operator. (1977 Code)
(c) Junk- "Junk" means any old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing and motor vehicles, no longer used as such , to be used for scrap metal or stripping of parts; but "junk" shall not include materials or objects accumulated by a person as byproducts, waste, or scraps from the operation of his own business, or materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes. (1977 Code)
(d) Junk dealer- "Junk dealer" shall mean a person who operates a junkyard, as defined below, within the city. (1977 Code)
(e) Junkyard- "Junkyard" shall mean a yard, lot, or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity. (1977 Code)
Sec. 6-24. License - Required.
It shall be unlawful for any person to act as a junk dealer or itinerant junk dealer in the city, whether personally, by agents or employees, singly, or along with some other business or enterprise, without first having obtained a license therefore from the city clerk in accordance with the provisions of this subchapter. (1977 Code)
Sec. 6-25. Application for license.
An applicant for license under this Ordinance shall file with the city clerk a written application upon forms provided by the city clerk, and pay a fee as hereinafter prescribed.
Said application shall include the junk dealer or itinerant junk dealer's name, residence address, and telephone number of applicant; the exact address or location of the place where the business is or is proposed to be carried on; and such other information as the city clerk may reasonably require. (1977 Code)
Sec. 6-26. Investigation of licensee; issuance of license.
Upon receipt of an application for a junk dealer's license as provided for herein, the chief of police shall cause an investigation to be made of the applicant's business responsibility and moral character.
If the findings of said investigation are favorable to the applicant, the city clerk shall within thirty days after the filing of the application and payment of the fee, issue a junk dealer's license to the applicant. (1977 Code)
Sec. 6-27. License fee.
The fees for licenses required under this Chapter shall be as established from time to time by ordinance of the city council and on file in the office of the city clerk. (1977 Code)
Sec. 6-28. Term of license.
All licenses issued under the provisions of this Chapter shall expire on the thirty-first day of December following the issuance thereof. For a partial year license, the fee shall be prorated quarterly. No license fee shall be returned to the holder upon sale, transfer or dissolution of the business for which the license was issued. (1977 Code)
Sec. 6-29. License not transferable.
No license issued under this subchapter shall be transferred or assigned or used in any way by any person other than the one to whom it was issued. (1977 Code)
Sec. 6-30. General operating requirements.
The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Ordinance:
(1) The license issued pursuant to this Ordinance shall be plainly displayed on the business premises.
(2) The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
(3) No space not covered by the license shall be used in the licensed business.
(4) No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
(5) Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches.
(6) No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as described herein and is in use in the licensed business.
(7) No junk shall be allowed to rest upon or protrude over any public property, street, alley, walkway, or curb or become scattered or blown off the business premises.
(8) Junk shall be stored in piles not exceeding ten feet in height and shall be arranged so as to permit easy access to all such junk for fire fighting purposes.
(9) No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard.
(10) Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
(11) No junk or other material shall be burned on the premises in any incinerator not meeting the approval of the chief of the fire department, which approval shall not be unreasonably denied.
(12) No noisy processing of junk or other noisy activity shall be carried on in connection with the license business on Sunday, Christmas, Thanksgiving, or at any time between the hours of 6:00 P.M. and 7:00 A.M.
(13) The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid vertical wall or fence of a minimum height of eight (8) feet measured from ground level. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business.
This Section shall not apply to the operation of junk yards outside of the city limits, even though the owner thereof be licensed in accordance with this Chapter.
Secs. 6-31 to 6-35. Reserved.
Sec. 6-36. Definitions.
(a) Public taxicab business- The term "Public taxicab business" is hereby defined as follows: The business of offering to the public motor vehicles for the carrying or transportation of passengers upon other than fixed routes, for a charge or a fee. (Ord. 149, §1.)
(b) Public taxicab - The term "Public taxicab" is hereby defined as follows: Any motor vehicle offered to the public by a public taxicab for the purpose of carrying or transporting passengers for a charge or a fee. (Ord. 149, §1.)
Sec. 6-37. License - Required.
That no person shall engage in, operate, or conduct a public taxicab business within the City of St. James, Missouri, without first paying the license tax therefore and obtaining a license therefore as provided by the terms of this Ordinance. (Ord. 149, §2.)
Sec. 6-38. Application for license.
Any person desiring to secure a license to engage in, operate, or conduct a public taxicab business within the City of St. James, Missouri, shall file with the city clerk a written application therefore in duplicate, giving the following information:
(a) The full name and address of the applicant; if a partnership, the name and address of all the partners; if a corporation, the name and address of all the officers and directors; the trade name under which applicant does or proposes to do business; and the address of the principal place of business of the applicant.
(b) The number of taxicabs actually owned by the applicant and the number held by it under lease, if any.
(c) The make, model, motor number, and serial number of each taxicab and the registered owner. Provided, however, that the make, model, motor number and serial number of each new motor vehicle included in the application may be supplied by the applicant and endorsed on the application at any time prior to the actual issuance of the license by the city clerk.
(d) The experience, if any, the applicant has had in such business.
Such application shall be sworn to before a notary public or other officer duly authorized to administer oaths. (Ord. 149, §3.)
Sec. 6-39. Granting of license.
Upon the filing of such application the council shall thereupon proceed to conduct a hearing upon such application, giving at least ten days written notice by mail of such hearing to the applicant and to all existing holders of public taxicab licenses. At such hearing, and before any license shall be issued, the applicant shall be required to show by evidence satisfactory to the council that upon the granting of such application the applicant will maintain at least one taxicab stand and principal place of business, and have in actual and continuous operation therefrom at least one taxicab; that the applicant is or will be upon the issuance of the license the actual bona fide owner or lessee with sole right of control, of all taxicabs described in the application for licenses; that all of said taxicabs are in good mechanical condition and that the public convenience and necessity will be served by the granting of such license.
Any person may appear and be heard in opposition to or in support of any such application.
The city council shall thereupon, in due course and without delay, grant to applicant a hearing and issue or deny license accordingly.
In determining whether the public convenience or necessity will be served by the granting of such application, the council may take into consideration the number of taxicabs operated by the applicant, his or its facilities for furnishing transportation by public taxicab, and any other matters which the council may deem relevant upon the applicant's ability to conduct a public taxicab business with safety to those using the streets of the city and for the convenience of the public. (Ord. 149, §4.)
Sec. 6-40. Duration of license.
All licenses issued under the provisions of this Ordinance shall be for the duration of one year, beginning on May 1 of the year issued and terminating on April 30 of the following year. (Ord. 149, §5.)
Sec. 6-41. Renewal of license.
After any such license shall have been issued, the licensee shall be entitled to a renewal thereof for the succeeding year, provided that the licensee make written application therefore to the city clerk and pay the required license fee prior to the expiration of his license. No renewal license shall be issued unless the application is made and the fee paid prior to the expiration of the old license. (Ord. 149, §6.)
Sec. 6-42. Transfer of license.
No owner or operator of a taxicab business may delegate his license privilege to any lessee or deferred payment purchaser of such taxicab business. All licenses issued or granted under this Ordinance shall be non-assignable and nontransferable. (Ord. 149, §7.)
Sec. 6-43. Change of ownership.
Change of ownership of or title to any taxicab of a licensee shall automatically revoke any certificate or license for the operation of such taxicab by the purchaser. (Ord. 149, §8.)
Sec. 6-44. Additional taxicabs licenses.
No licensee shall operate more taxicabs or any taxicab other than those included in the license unless and until application shall have been made and approved, increasing the number of taxicabs to be operated by the licensee. Said application for additional taxicabs shall be filed with the city clerk, shall state the name and address of the licensee, the number of taxicabs sought to be licensed, together with the make, model, motor number and serial number of each, and whether the same are owned or leased by the licensee, and the reasons for requesting license for additional taxicabs. Provided, however, that the make, model, motor number and serial number of each new motor vehicle included in the application for additional taxicabs may be supplied by the applicant and endorsed on the application at any time prior to the actual issuance of the license by the city clerk.
The same proceeding shall be had by the council upon said application as is provided for the granting of an original license under section 6-39. (Ord. 149, §9.)
Sec. 6-45. Schedule of taxicab charges.
Each taxicab company shall file a schedule of its taxicab fees with the city clerk and shall not exceed the prices stated in this schedule without prior notice to the city council. (Ord. 149, §10.)
Sec. 6-46. Amount of license tax.
Every person engaging in, operating or conducting a public taxicab business, as defined by the terms of this Ordinance, shall pay therefore a license tax of ten ($10.00) dollars for three public taxicabs used in said business and $____________ for each additional public taxicab used in said business, provided, however, that if any license is granted after the seventh month of the license year, the above fees shall be reduced fifty percent. (Ord. 149, §11.)
Sec. 6-47. Revocation of license.
If, at any time, the council is of the opinion that any licensee theretofore granted a license to engage in, operate, or conduct a public taxicab business is engaged in any unlawful calling, or has violated any provisions of this Ordinance or any other city Ordinance, State law or Federal Statute, or is conducting such business in such a manner as to constitute a danger to public safety or a menace to the general welfare and well being of the city, or that such licensee has become unqualified, unfitted, or incapable of engaging in, operating or conducting a public taxicab business, or that the operation of a public taxicab business by such licensee does not service the public convenience and necessity, then the council, may after due hearing, revoke such license.
Provided, however, no such license shall be revoked by the council until after the holder of such license shall have received reasonable notice and been afforded a hearing before the council, at which hearing the licensee shall be permitted to appear and to offer such testimony in his behalf as may be relevant to the question of the revocation of such license. (Ord. 149, §12.)
Sec. 6-48. Requiring liability insurance.
No license to engage in such public taxicab business shall be issued to the applicant therefore by the clerk of the City of St. James until and after such applicant has filed with the city clerk, and the same has been approved by the mayor, a liability insurance policy or bond in some insurance company or association or other insurer authorized to transact business in the State of Missouri which liability insurance shall bind the obligors thereunder to make compensation for damage to or destruction of any property of one or more persons to a maximum amount of one thousand ($1,000.00) dollars by reason of the applicant's legal liability for damages in consequence of any one accident resulting from the negligent operation or use of any public taxicab used in such public taxicab business, and which liability insurance shall bind the obligors thereunder to make compensation for bodily injuries, including death at any time resulting therefrom, to one person to a maximum amount of five thousand ($5,000.00) dollars by reason of the applicant's legal liability for damages in consequence of any one accident resulting from the negligent operation or use of any public taxicab used in such public taxicab business, and subject to that limit of a maximum amount of five thousand ($5,000.00) dollars for each person, which liability insurance shall bind the obligors thereunder to make compensation for bodily injuries, including death at any time resulting therefrom, to more than one person, to a total maximum amount of ten thousand ($10,000.00) dollars by reason of the applicant's legal liability for damages in consequence of any one accident resulting from the negligent operation or use of any public taxicab used in such public taxicab business. (Ord. 149, §13.)
Sec. 6-49. Revocation of license by council upon failure to provide liability insurance.
Such insurance policy or bond shall at all times be in full force and effect during the period of time for which such license has been issued. If such insurance policy or bond required by the provisions of this Ordinance be canceled or for any reason whatsoever be not in force or effect during the period of time for which such license has been issued, then the council shall revoke such license forthwith in a summary manner. (Ord. 149, §14.)
Sec. 6-50. Clerk to issue license.
After any applicant has been granted such license by the council and after the applicant has filed the required insurance policy or bond with the city clerk, the city clerk shall endorse upon copy of the application filed "license approved" together with the date of such approval. The city clerk shall thereupon, upon the payment of the license tax which shall be determined by the number of taxicabs covered by the license whether in actual operation or not, issue and deliver such license to the applicant. (Ord. 149, §15.)
Sec. 6-51. Replacement of equipment.
A licensee holding a license under the provisions hereof, may substitute other taxicab or taxicabs in place of that or those for which the certificate and license is granted upon the following conditions:
The licensee shall file a written application with the city clerk setting forth the following:
(a) The name and address of the licensee.
(b) The make, model, motor number and serial number of both the substituted taxicab and/or taxicabs and the cab or cabs which are being replaced.
(c) Proof that the licensee is a bona fide owner or lessee with sole right of control of the taxicab or taxicabs sought to be substituted.
(d) Proof that the substituted taxicab or taxicabs have been inspected and are in good mechanical condition.
(e) Proof that the taxicab or taxicabs sought to be substituted have been included in and are covered under the liability insurance policy or bond of the licensee. (Ord. 149, §16.)
Sec. 6-52. Unconstitutionality clause.
If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any Clause, Sentence, Paragraph or part of this Ordinance, such judgment or decree shall not effect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the Clause, Sentence, Paragraph, or part of this Ordinance so adjudged to be invalid or unconstitutional. (Ord. 149, §17.)
Secs. 6-53 to 6-57. Reserved.
EXPLICIT SEXUAL MATERIALS DISPLAY,
SEXUALLY ORIENTED BUSINESS
Sec. 6-58. Purpose and Findings.
(a) Purpose: It is the purpose of this Article to regulate the display of explicit sexual material and sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of St. James, Missouri, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including explicit sexual materials. Similarly, it is not the intent nor effect of this Article to restrict or deny access by adults to explicit sexual 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 or effect of this Article to condone or legitimize the distribution of obscene or offensive material of a sexual nature.
(b) Findings: Based on evidence concerning the adverse secondary effects of adult uses on communities as outlined in numerous studies/reports generally available for consideration, and on findings incorporated in a series of cases as found and included herein by reference to the ILM Model Ordinance on Sexually Oriented Business Regulation, the City Council finds that:
(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(2) Employees of certain sexually oriented businesses engage in higher incidences of certain types of illicit sexual behavior than employees of other establishments and that by offering or providing such locations may thereby create unhealthy conditions, unless properly regulated.
(3) At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses including but not limited to, syphilis, gonorrhea, human immunodeficiency virus infections (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(4) The number of cases of syphilis and other sexually transmitted diseases has been on the rise or remain at high levels in the United States.
(5) The findings noted above raise substantial governmental concerns by establishing that sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect the public interest and to address substantial governmental concerns.
(6) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented business is managed in a way consistent with the health, safety, and welfare of its patrons and employees, as well as the general public. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
(7) Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
(8) Requiring licensees of sexually oriented businesses to keep information regarding current employees and past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(9) The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
(10) In the prevention of the spread of communicable diseases, it is desirable to obtain a limited amount of information regarding certain employees who may engage in conduct that this Article is designed to prevent, or who are likely to be witnesses to such conduct.
(11) The fact that an applicant for an adult use license as been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this Article.
(12) The barring of such individuals from the management of adult uses serves as a deterrent to, and prevents conduct that leads to the transmission of sexually transmitted diseases.
(13) The general welfare, health, morals, and safety of the citizens of St. James, Missouri will be promoted by the enactment of this Article. (Ord. 783; Ord. 786)
Sec. 6-59. Definitions.
Words and phrases contained in this Article shall be deemed to have certain meanings, as follows:
(a) Explicit sexual material means:
(1) Any picture, photograph, or other pictorial representation, that depicts actual or simulated "specified sexual activities"; or
(2) Any portion of a book, magazine, newspaper or other printed or written material; or any video tape, DVD, or any other recorded medium whose content is made up in whole or in dominant part of depictions or descriptions of "specified sexual activities" or "specified anatomical areas".
(b) Sexually oriented business means any business enterprise that:
(1) 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"; or
(2) Has one of the following as a regular and substantial business purposes: the providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or the providing of services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities" ancillary to other pursuits,
(3) The definition of "Sexually oriented business" also includes, but is not limited to, any and all of the following as defined herein:
(i) "Adult retail establishments" means an establishment that has as a regular and substantial business purpose, offers for sale or rent, any one or more of the following: instruments, devices, gifts, or paraphernalia that are designed for use in connection with "specified sexual activities" or clothing that graphically depicts "specified anatomical areas" or any materials, such as printed materials, photographs, slides, films, videotapes or DVD, sold or rented in an adult bookstore, adult news rack, or adult news stand that are characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
(ii) "Adult entertainment business" means any establishment to which the general public, patrons or members are invited or admitted and wherein an entertainer provides "adult entertainment", as defined herein. These establishments include, but are not limited to, adult theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlors, and body painting studios.
(iii) "Adult motion picture theater" means an establishment containing a room that seats facing a screen or projection areas, where a regular and substantial portion of its business is the exhibition to customers of films, videotapes, or other such devices that are intended to provide sexual stimulation or sexual gratification to the customers and that are distinguished by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
(iv) "Bath house" means an enterprise where a regular and substantial portion of its business is offering baths with other persons present who are nude or displaying "specified anatomical areas".
(v) "Adult motel" means an enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, videotapes, slides or other photographic reproductions that 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.
(c) Adult entertainment means any live or recorded exhibition, performance, display or dance of any type, including but not limited to, talking, singing, reading, listening, posing, massaging, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered to include, but not limited to establishments commonly known as gentlemen's clubs, juice bars, and adult book stores, etc
(d) Employee means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment business.
(e) Entertainer means any person who provides adult entertainment within adult entertainment premises as defined in this section whether or not a fee is charged or accepted for entertainment.
(f) Knowingly means having knowledge of the character and content of any material described herein or failure on notice to exercise reasonable inspection, which would disclose the content and character of the same.
(g) Manager means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
(h) Material means any book, magazine, or other printed or written material, or any picture, drawing, photograph, videotape, or other pictorial representation, figure, object or article.
(i) Operator means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
(j) Person means any individual partnership, corporation, trust, incorporated or unincorporated association marital community joint venture, governmental entity, or other entity or group of persons however organized
(k) 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.
(l) Sado masochistic abuse means flagellation or torture by or upon a person who is nude or clad in under garments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(m) Server means any person who serves food or drink at an adult entertainment business.
(n) Specified anatomical areas means (1) uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple, or any combination of the foregoing; or (2) human male genitals in a discernible erect state, even if completely and opaquely covered.
(o) Specified sexual activities means sexual conduct, being actual or simulated, acts of human masturbation, sexual intercourse, or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female, or any sadomasochistic abuse or acts including animals or any latent objects in an act or apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.
(p) Substantial business purpose means 1) ten percent (10%) or more of the gross floor area is devoted to that purpose; or 2) ten percent (10%) or more of the retail floor space is devoted to that purpose; or 3) ten percent (10%) or more of the gross sales of the business are derived from that purpose
(q) Display means:
(1) To expose in whole or in part; or
(2) To permit an unfolding, viewing or examination. (Ord. 783; Ord. 786)
Sec. 6-60. Displaying of explicit sexual materials generally
(a) Display. It is unlawful for a person knowingly to:
(1) Display any explicit sexual material or sado masochistic abuse at news stands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
(2) Permit or authorize the display of any explicit sexual material or sado-masochistic abuse at news stands or any other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
(3) When requested by the police department of the City, to fail to promptly remove from display from property in his possession or under his control, any explicit sexual material or sado masochistic abuse, at newsstands or other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public.
(b) Removal. Where it appears that this Article or any part of this Article is being or about to be violated, the mayor or city attorney of the City of St. James, may commence and maintain, in the name of the City, an action in the circuit court to enjoin the display of any explicit sexual material. No provisions of this Section shall be construed to prohibit the prosecution for violation of the provisions of this Section in the municipal court.
(c) Penalty. Any person violating this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than two hundred dollars ($200.00) or be imprisoned in jail for not less than five (5) days or be punished by both such fine and imprisonment or be fined not more than five hundred dollars ($500.00) or be imprisoned in jail for not more than sixty (60) days or be so punished by both such fine and imprisonment.
(d) Employees. No employee of any business responsible for selling or renting sexually explicit material shall be less than 18 years of age.
(e) Restrictions. Nothing in this Article shall be construed so as to prohibit or restrict any political subdivision or any department, agency, office or facility thereof, or any employee or agent thereof when engaged in the performance of his official duties, or any person in the conduct of a legitimate activity for bona fide educational, scientific or medical purposes. (Ord. 783; Ord. 786)
Sec. 6-61. License required for sexually oriented business.
(a) It shall be unlawful for any person to operate or maintain a sexually oriented business in the City unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the City, or to operate such business after such license has been revoked or suspended by the City.
(b) It shall be unlawful for any person to knowingly work as an entertainer, server or manager at a sexually oriented business unless said business is licensed in the City.
(c) It shall be prima facia evidence that any sexually oriented business that fails to post the required adult entertainment business license in the manner prescribed herein shall be operating unlawfully. In addition it shall be prima facia evidence that any entertainer, employee or manager who performs any service or entertainment in a sexually oriented business in which an adult business license is not posted as specified herein, shall have knowledge that such business is not licensed.
(d) Any licensed sexually oriented business shall be deemed to have consented to a periodic inspection of the business premises by appropriate City officials. This inspection shall take place during hours when such sexually oriented business is open to the public, unless otherwise requested by the sexually oriented business, and shall not unreasonably interfere with the conduct of such business. (Ord. 783; Ord. 786)
Sec. 6-62. License required for managers, servers and entertainers.
It is unlawful for any person to work as an entertainer, server or manager at a sexually oriented business without first obtaining a license to do so from the City, or to work as an entertainer, server or manager at a sexually oriented business after such person's license to do so has been revoked or suspended.
The license year for all fees required under this chapter shall be from January 1 through December 31.
(a) The classification of licenses and fees for each shall be as follows:
(1) Adult entertainment business license fee is $500.00 per year.
(2) Adult entertainment manager's license fee is $50.00 per year.
(3) Adult entertainer's license fee is $20.00 per year.
(4) Adult entertainment server's license fee is $20.00 per year.
(b) Fees shall be paid by certified/cashier check or money order. The application is not complete until the fee is paid. Licenses are for specific locations as indicated on the license and are nontransferable. Any change in the type of sexually oriented business shall invalidate the adult business license. No more than one sexually oriented business may occupy a business premise at one time. (Ord. 783; Ord. 786)
Sec. 6-63. License application: owners, servers, entertainers or managers.
(a) A prospective licensee (owner, server, entertainer or manager) shall provide a notarized application to the St. James Police Department and Collector of the City of St. James with his or her name, address (mailing and residence), phone number, principal occupation, recent photograph (2" X 3" color), date of birth, place of birth, driver's license, social security number, signed permission for FBI check and similar information for all partners or stockholders in the venture, as well as a description of the proposed business.
(b) A statement from the applicant, that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
(1) A felony criminal act within five years immediately preceding the application, or a misdemeanor criminal act within two years immediately preceding the application where such felony or misdemeanor criminal act involved sexual offenses, prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled Substances Act or other statutes or ordinances.
(2) Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Council shall, within 45 days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the City Council. If the application meets all the requirements as set forth in this article, the City Council may issue a license for operation of the sexually oriented business. Those opposing such a license could present objections at this time. Granting the license requires a super majority vote.
(c) No person is eligible nor shall a license be issued to a sexually oriented business applicant if one or more of the following conditions exist:
(1) The applicant's premises is located within seven hundred fifty (750) feet of a school, church, hospital, City Park, or licensed childcare center or property zoned for residential use as measured in a straight line of property boundary.
(2) The applicant's premises is located within 1,000 feet of any other sexually oriented business for which there is a license issued.
(3) The applicant failed to supply all of the information requested on the application.
(4) The applicant gave material false, fraudulent or untruthful information on the application.
(5) The applicant' s proposed business premises does not comply with or meet the requirement of the applicable health, zoning, building code, fire and property maintenance ordinances of the City of St. James.
(6) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in said section.
(7) The applicant has had an adult entertainment license revoked or suspended in this City or any other City or County during the past five years.
(8) The facility shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No business activities shall take place outside the sexually oriented business visible from the exterior.
(9) The facility in which such a use is located shall be limited to one (1) wall mounted advertising sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet, said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting that leaves the impression of motion or movement shall be permitted.
(10) Lighting in the parking area must provide a minimum light level of 0.25 foot candles over the entire parking area, but in no point shall the light level exceed 3.0 foot candles, nor shall any increase in light levels or visible glare be permitted at the lot line. The interior premises of sexually oriented businesses must be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
(11) No owner, operator, manager or other person in charge of the premises of a sexually oriented business premises shall:
(i) Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises.
(ii) Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises.
(Iii) Knowingly allow or permit any person under the age of 18 years of age to be in or upon the premises in any capacity as entertainer, server or customer.
(iv) Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, or
(v) Knowingly allow or permit a violation of this Chapter or any other City ordinance provision or state law.
(12) Hours of operation shall not exceed 10 A.M. to 1 A.M.
(Ord. 783; Ord. 786)
Sec. 6-64. Application processing.
(a) Upon receipt of a complete application for an adult entertainment business license, the Deputy City Collector shall transmit one copy of the application to the Police Department for investigation of the application and one copy to the Codes Administrator.
(b) It shall be the duty of the Police Chief or a designee to investigate the application to determine whether the information contained therein is accurate and whether the applicant has qualified to be issued the license. The results of this investigation shall be forwarded to the Deputy City Collector no later than ten (10) working days from the application date
(c) It shall be the duty of the Codes Administrator to determine compliance with the requirements of this Article and the applicable health, zoning building code, fire and property of the City. The Codes Administrator shall provide his report to the Deputy City Collector within ten (10) working days from the application date.
(d) Upon receipt of these reports, the Deputy City Collector shall either issue or deny the license, the license applications for sexually oriented businesses, entertainers, servers, and managers shall be approved or disapproved within forty five (45) days from the filing date. If the license is disapproved, the applicant shall be notified in writing by certified mail to the applicant's last known address, and the notification shall state the basis for disapproval. (Ord. 783; Ord. 786)
Sec. 6-65. Standards of conduct
The following standards of conduct shall be used by all adult entertainment business licensees, their employees and all sexually oriented business managers, servers and entertainers and patrons of sexually oriented businesses while on or about the premises of the establishment:
(a) Any manager, server or entertainer issued a license by the City under the provisions of this Chapter shall, at all times while working in a sexually oriented business, have in their possession a valid Identification card issued by the City, bearing the permit number, the signature of the City Clerk, individual's name, age, weight, eye color, and height. Such card shall be laminated to prevent alteration.
(b) No manager, employee, server, entertainer or patron in a sexually oriented business, other than a licensed bath house, shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any "specified anatomical area".
(c) No manager, employer, server, entertainer or patron of a sexually oriented business shall perform any "specified sexual activities", wear or use any device or covering exposing to view an image that simulates any "specified anatomical areas", use artificial devices or other objects to perform or depict any "specified sexual activities", or participate in any act of prostitution.
(d) No manager, employee, server, entertainer or patron of a sexually oriented business shall knowingly touch, fondle or caress any "specified anatomical area" of another person whether such "specified anatomical area" is clothed, unclothed, covered or exposed to view.
(e) A manager shall be on duty at all times on the premises when the sexually oriented business is open. The manager shall verify that any person who provides adult entertainment or works as a server possesses a current and valid adult entertainment license. It shall also be the manager's duty to insure that no person under the age of 18 enters the premises. (Ord. 783; Ord. 786)
Sec. 6-66. Ventilation and sanitation requirements.
The premises of all sexually oriented businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition. (Ord. 783; Ord. 786)
Sec. 6-67. Performances; closed rooms or booths prohibited, when.
(a) Performances shall always take place on a stage of at least 24 inches above the floor level of the audience. Entertainers shall be at least 10 feet from customers and shall not touch customers or be touched by customers. Customers shall not be permitted on the stage at any time. No entertainer shall be permitted to demand or collect any payment or gratuity from any employee or patron of the sexually oriented business.
(b) The premises of all sexually oriented businesses shall be physically arranged so that the entire interior portion of any booths, cubicles, room or stalls are visible from a common area. The use of video cameras to meet this requirement is not allowed. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction. The manager shall be required to position himself/herself so as to be able to view the entire interior portion of the premises while on duty. (Ord. 783; Ord. 786)
Sec. 6-68. License posting, revocation, when.
(a) Every person, corporation, partnership, or association licensed under this Chapter as a sexually oriented business shall post such license in a conspicuous place and manner on the premises of the business.
(b) Any person found to be in violation of any provision of this Code, though he may have been previously issued a license as provided herein shall have his license revoked immediately forthwith. Prior to revocation said licensee shall have notice of said violations, and the matter of revocation shall be placed before the next regularly scheduled meeting of the City Council for hearing. Should the City Council find said violations did occur, and upon motion of the City Council after hearing, the revocation shall be issued from the City Clerk, all licenses previously issued surrendered, for a period of one (1) year unless the City Council may by motion direct a shorter time. (Ord. 783; Ord. 786)
Sec. 6-69. Signs required.
All sexually oriented businesses shall have conspicuously displayed in the common area at the entrance to the premises a sign of which uppercase letters shall be at least two inches high and lowercase letters at least one inch high, which read as follows:
THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND
LICENSED BY THE CITY OF ST. JAMES, MISSOURI
" Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron, or other entertainer or to permit any employee, patron, or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
" Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and or genitals.
" Not permitted to demand or collect any payment or gratuity from any patron for entertainment.
" Not permitted to perform, except on a stage of at least 24 inches above the floor level of the audience and to maintain at least a 10 foot separation from any patron at all times while performing.
" Not permitted to be upon the stage at any time.
" Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
" Not permitted to offer or tender any payment or gratuity to any employee, server or entertainer for entertainment.
(Ord. 783; Ord. 786)
Secs. 6-70 to 6-75. Reserved.
Sec. 6-80. Definitions
- “Pawnbroker”, and person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time;
- “Pawnshop”, the location at which or premises in which a pawnbroker regularly conducts business;
- “Pledged goods”, tangible personal property other than chooses in action, securities, or printed evidence of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction;
- “Person”, an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized;
- “Secured personal credit loan”, every loan of money made in this City, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the load and which is to be retained by the lender while the loan is a subsiding obligation.
Sec. 6-81. Business operating as a pawnshop.
It shall be prima facie evidence that a business as a pawnshop or the proprietor is operating as a pawnbroker in the word “pawn” or a derivative thereof appear in signage on the building or premises in question.
Sec. 6-82. Receipt for pledged property.
Receipt for pledged property in accord with §367.031 RSMo., at the time of making any secured personal credit loan, the lender shall execute and deliver to the borrower a receipt for and describing the tangible personal property subjected to the security interest to secure the payment of the loan. The receipts utilized by the lender shall be numbered sequentially with preprinted numbers and shall contain, at least, the following information.
- The name and address of the pawnshop;
- The name and address of the pledgor; the pledgor’s description and the driver’s license, military identification number, identification certificate number, or other official number capable of identifying the pledgor;
- The date of the transaction;
- An identification and description of the pledged goods, including serial numbers if reasonably available.
Sec. 6-83. Contents.
A pawnbroker shall not purchase or take in trade used or second hand personal property unless a record is established that contains the information set forth in §367.031 RSMo., and a signed document from the seller providing that the seller has the right to sell the property. (Ord. 989)
Sec. 6-84. Turn over records to St. James Police Department.
Pursuant to §367.031.2 RSMo., every pawnbroker and/or pawnshop operating within the City of St. James, Missouri shall turn over to the St. James Police Department, copies of the receipts and information set forth in §367.031 RSMo. and Section 33-57 hereof on a regular basis but not less often than two times per month upon prior written approval from the St. James Police Department in an electronic format acceptable to the Department. By authority of §367.031.4 RSMo and §610.021(14) the information herein required to be disclosed to the St. James Police Department shall not be open to the public except by court order. (Ord. 989)
Sec. 6-85. Hold order in effect pawnbroker may release property to law enforcement officer; not waiver of property rights; sale of property under hold order prohibited.
- Pursuant to §367.047.0 RSMo., upon written notice from a law enforcement officer indicating that property in the possession of a pawnbroker and subject to a hold order is neededfor the purpose of furthering a criminal investigation or prosecution, the pawn broker shall release the property subject to the hold order to the custody of the law enforcement officer for such purpose and the officer shall provide a written acknowledgement that the property has been released to the officer. The release of the property tot eh custody of the law enforcement officer shall not be considered a waiver or release of the pawnbroker’s property rights or interest in the property. Upon investigation of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except if the law enforcement officer has not completed the criminal investigation within 120 days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.
- Except as provided in subsection (a) of this section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.
Sec. 6-86. Violation, penalties.
Any violation of this Article shall be publishable by fine, not to exceed $500.00. Each separate item of property pledged or taken in pledge in violation this Article shall be deemed a separate violation. A license to do business in the City of St. James, Missouri, for any person convicted of a violation of this Article shall immediately be revoked and no new license issued to that person, nor for the premises at which the violation occurred, unless and until the penalty for said violation, together with any applicable court costs, shall have been paid in full. (Ord. 989)