Kingdom City License Applications ordinance (§ 605.180)

A. Adult Business License.

1. All persons desiring to secure a license to operate an adult business as required herein shall make a verified application with the Village Clerk. All applications shall be submitted in the name of the person who owns the adult business. The application 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 Village Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the Village Clerk and shall require all of the following information:

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

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

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

d. The names, residence addresses, social security numbers and dates of birth 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 or members who own more than twenty-five percent (25%) interest in the corporation.

e. A statement from the applicant whether the applicant, or any corporate officer or director, or stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity, in previously operating in this or another Village, county or state, has had an adult business license of any type revoked or suspended, and if so, the reason for the suspension or relocation and the business activity subjected to the suspension or revocation.

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

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

(2) An ordinance violation within the two (2) years immediately preceding the application; or

(3) A Municipal or County ordinance violation within the two (2) years immediately preceding the application, where such felony, misdemeanor, Municipal or County ordinance violation involved sexual offenses, prostitution, indecent exposure, sexual

abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or County or Municipal ordinances.

g. On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall submit to the Village Clerk within forty-eight (48) hours of the time each employee begins employment, a health certificate from a duly licensed Missouri physician stating that within ninety (90) days prior to the date of employment, such employee has 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.

h. If the applicant is a corporation or limited-liability company, a current certificate of registration issued by the Missouri Secretary of State.

i. 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 Article regulating adult businesses.

2. Failure to provide the information and documentation required herein shall constitute an incomplete application. The Village Clerk shall notify the applicant whether or not the application is complete within ten (10) working days of the date the application is received by the Village Clerk.

B. Manager, Server Or Entertainer License.

1. All persons desiring to secure a license to be a manager, server or entertainer shall make a verified application with the Village 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 Village Clerk and shall require all of the following information:

a. 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.

b. A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, an ordinance violation, or released from confinement for conviction of an ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or Municipal ordinances. The statement shall also indicate that the applicant has not been convicted of a Municipal ordinance violation or diverted from prosecution on a Municipal ordinance violation within two (2) years immediately preceding the application where such Municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.

c. The applicant shall present to the Village 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:

(1) A motor vehicle operator's license issued by any state, bearing the applicant's photograph and date of birth;

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

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

(4) An immigration card issued by the United States of America;

(5) Any other form of picture identification issued by a governmental entity that is deemed reliable by the Village Clerk; or

(6) Any other form of identification deemed reliable by the Village Clerk.

2. Failure to provide the information required herein shall constitute an incomplete application. The Village Clerk shall notify the applicant whether or not the application is complete within ten (10) working days of the date the application was received by the Village Clerk.

C. Application processing. Upon receipt of an application for an adult business, manager, server or entertainer license, the Village Clerk shall immediately transmit one (1) copy of the application to a Law Enforcement Officer for investigation of the application. In addition, the Village Clerk shall transmit a copy of the application to the Chairman and Building Official. It shall be the duty of the Law Enforcement Officer to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license for which the application is made. The Law Enforcement Officer shall report the results of the investigation to the Village Clerk not later than twenty (20) working days from the date the application is received by the Village Clerk. It shall be the duty of the Building Official 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, and fire code ordinances of the Village. The Building Official shall report the results of his/her investigation to the Village Clerk not later than twenty (20) working days from the date the application is received by the Village Clerk. Upon receipt of the reports from the Law Enforcement Officer and the Building Official, the Village Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for an adult business, server, manager or entertainer license shall be approved or disapproved within forty-five (45) days from the date a application is received by the Village Clerk. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.