§ 630.060. License Application., Chapter 630. Adult Businesses, Business and Occupation, Code of Ordinances, Webb City

Adult Business License. All persons desiring to secure a license to operate an adult business under the provisions of this Chapter shall make a notarized application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult business. All applications shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its President. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The City Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:

The name, residence address, home telephone number, occupation, date, place of birth and social security number of the applicant;

The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent;

The name of the adult business, a description of the type of business to be performed on the licensed premises, and the name of the owner of the premises where the adult business will be located;

The names, residence addresses, social security numbers and dates of births of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all corporate officers and directors and stockholders who own ten percent (10%) or greater interest in the corporation;

The residence addresses of the applicant, or of all partners, or of all corporate officers and directors for the five (5) years immediately prior to the date of application;

A description of the adult business history of the applicant, or of the partnership and all partners, or of the corporation and all corporate officers and directors;

A statement from the applicant, or from all partners, or from all such corporate officers and directors, whether any such person or entity, in previously operating in this or another City, County, or State, has had a business license of any type revoked or suspended, and if so, the reason therefore, and the activity or occupation subjected to such action, suspension or revocation;

A statement of the business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors for the three (3) years immediately preceding the date of the application;

A statement from the applicant, or from each partner, or from each corporate officer and director that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:

Any felony within five (5) years immediately preceding the application, or

A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, promotion of prostitution, indecent exposure, sexual abuse of a child or pornography and 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 of the State of Missouri or ordinances of the City,

The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution 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;

10.

On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall submit to the City Clerk within forty-eight (48) hours of the time for each person to begin working on the premises a health certificate from a duly licensed Missouri physician stating that within ninety (90) days prior thereto, the applicant and all other persons working the premises have been examined and found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement and shall also initially apply to the applicant;

11.

A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant, or of all partners if the applicant is a partnership, or of all such corporate officers and directors if the applicant is a corporation;

12.

If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State;

13.

A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter regulating adult businesses. Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed.

Manager, Server Or Entertainer License. All persons desiring to secure a license under the provisions of this Chapter to be a manager, server or entertainer shall make a notarized application with the City Clerk. All applications shall be submitted in the name of the person proposing to be a manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:

The applicant's name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining or at the business;

The name and address of each adult business where the applicant intends to work as a manager, server or entertainer, and an "intent to hire" statement from an adult business that is licensed, or that has applied for a license, under the provisions of this Chapter, indicating the adult business intends to hire the applicant to manage, serve or entertain on the premises. Failure to provide an "intent to hire" statement shall not invalidate the application;

A statement from the applicant, that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:

A felony within five (5) years immediately preceding the application; or

A misdemeanor within two (2) years immediately preceding the application

where such felony or misdemeanor involved sexual offenses, prostitution, promotion of prostitution, indecent exposure, sexual abuse of a child or pornography and 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 the Statutes of the State of Missouri or ordinances of the City.

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 and a photograph of the applicant to be taken by the Police Department;

The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age:

A valid motor vehicle operator's license issued by any State, bearing this applicant's photograph and date of birth;

A State-issued identification card bearing the applicant's photograph and date of birth;

An official and valid passport issued by the United States of America;

An immigration card issued by the United States of America;

Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or

Any other form of identification deemed reliable by the City Clerk.

Failure to provide the information required by this Subsection (B) shall constitute an incomplete application and shall not be processed.

Facilities Necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the director of the Jasper County Health Department or his or her authorized representative reveals that the premises the applicant intends to conduct business from complies with each of the following minimum requirements:

The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business's operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy, white paper may be substituted for sheets; provided that such paper is changed for every patron. No service or practice shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.

Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one (1) time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

The director of the Jasper County Health Department, or his or her representative, shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk. Provided however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate City Official may recommend the issuance of a license contingent upon the compliance with any requirements in this Section.

Application Processing. Upon receipt of a complete application for an adult business, manager, server or entertainer license, the City Clerk shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the application.

It shall be the duty of the Chief of Police, or his or her designee, to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk.

It shall be the duty of the City Clerk to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The determination shall be completed not later than twenty (20) working days from the date the application is received by the City Clerk.

Upon receipt of the report from the Chief of Police, the City Clerk shall submit its report and that of the Chief of Police to the City for consideration; provided the license application for an adult business, manager, server or entertainer license shall be approved or disapproved within forty-five (45) days from the date of filing of a completed application with the City Clerk.