Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
Remanded back to Staff

Agenda Title:

23-032 - 2R.  An ordinance amending Chapter 5 of the City Code, “Business and Occupation Licenses”.
Recommendations:

Staff recommends approval.

Executive Summary:

This amendment to the City Code would update the city’s business and occupation license code pertaining to adult businesses.
Background:

In March 1993, the City Council passed Ordinance No. 12351 enacting a new Article 17 of Chapter 5 to regulate adult entertainment businesses.  This ordinance only regulated adult entertainment businesses (for example, adult cabaret, adult arcade, and adult entertainment facilities).  This ordinance did not regulate other adult businesses. 

 

Staff researched best practices from communities around Missouri, which have been incorporated into this change.  This amendment would make the following changes:

 

1.      Regulations apply to all adult businesses. 

2.      Adds/modifies definitions.  Several new definitions were added and/or modified.  The definitions were organized around and incorporated into the adult business definition.  For example, adult bookstore, adult newsrack and other definitions were placed under the adult business definition.  New definitions include contagious and communicable diseases, minor, nude or nudity, patron, premise, primary business purpose and server.

3.      Updates license.  The current ordinance required a license for an adult entertainment business and required a permit for a manager and entertainer.  The new regulations require a license for all adult businesses and all managers, servers and entertainers.

4.      Updates the license application information, the application processing, and license issuance/disapproval. 

5.      Updates license ineligibility and disqualification.  This section expands the criteria that disqualifies an applicant from receiving a license.  In addition, the separation requirements (i.e., from school, church, licensed child care center, public park; and property zoned or used for residential purposes as well as from any establishment holding a liquor license) applies to all adult businesses. 

6.      Updated and consolidated the Standards of Conduct.  The existing ordinance had three (3) Standard of Conduct sections that applied to only adult arcade, adult cabaret, and adult entertainment facilities.  The new Standards of Conduct regulations apply to all adult businesses.  The Standard of Conduct includes:

a.       Requires all managers, servers and entertainers to have a valid ID;

b.      Restricts minors (younger than 18) from any adult business;

c.       The interior of the premises is not observable from the exterior of the building;

d.      Requires posting of signs at the entrance;

e.       Minimum interior lighting required;

f.        Closed booths or rooms prohibited; and

g.      Minimum ventilation and sanitation requirements.

7.      Updated the license posting and display.

8.      Updates the requirements for a manager on premises for all adult businesses.

9.      Updates the suspension, revocation and non-renewal of a license so it applies to all adult businesses.

10.  Add new section pertaining to existing adult businesses.  This section outlines lawful nonconforming of any existing adult business.  It does not allow for the expansion of any lawful nonconforming adult business.  It does not allow an adult business to add another component (e.g., adult retail cannot add or change to adult entertainment cabaret).  If an adult business license expires or is revoked, the new adult business would be required to comply with the separation requirements.

 

Staff believes the proposed amendment will better serve our community and help regulate all adult businesses. 



Fiscal Impact:

There is no fiscal impact.



Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
City Code ChangesBackup Material