Kingdom City License Ineligibility and Disqualification ordinance (§ 605.200)

A. No person is eligible nor shall a license be issued to:

1. An applicant for an adult business license if one (1) or more of the following conditions exist:

a. The premises for which an application for an adult business has been made is located within one thousand (1,000) feet of any school, church, or licensed child-care center or child-care center, one thousand (1,000) feet of any public building or park, or property used for residential purposes, which uses are located within the Village limits, or one thousand (1,000) feet of the Highway 54 corridor (measured from the outer pavement line). Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the adult business would be operated to the nearest point on the property line of any school, church, licensed child- care center or child-care center, public park or property used for residential purposes located within the Village:

(1) Provided the phrase "property used for residential purposes" shall not include any property used primarily for commercial purposes but which contains and apartment or dwelling for the owner, or for a night watchman or employee.

(2) Provided, further, the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way. NOTE: The "Highway 54 corridor" is designed to protect the family-oriented businesses located adjacent to that highway and is not intended as a protection of the highway itself.

(3) Provided, further, that the spacing restriction set forth above in Subsection (A)(1)(a) may be waived by the Board of Trustees if the applicant demonstrates by substantial and competent evidence and it is found that:

(a) The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Article will be observed; and

(b) The proposed use will not enlarge or encourage the development of a blighted area as defined in Section 100.310, RSMo., as amended; and

(c) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal; and

(d) All applicable regulations of this Article will be observed.

b. The premises for which an application for an adult business has been made is located within seven hundred fifty (750) feet of any other adult business for which there is a license issued by the Village regardless of whether such businesses are located on the same property or separate properties. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the premises from which an adult business would be operated to the nearest point on the property line of such other adult business located within the Village;

(1) Provided the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way; and

(2) Provided, further, that the 750-foot restriction between such regulated uses may be waived by the Board of Trustees after review and recommendation by the Village Clerk, if the applicant demonstrates by substantial and competent evidence and it is found that:

(a) The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Article will be observed; and

(b) The proposed use will not enlarge or encourage the development of a blighted area as defined in Section 100.310, RSMo., as amended; and

(c) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program or urban renewal; and

(d) All applicable regulations of this Article will be observed.

c. The applicant failed to supply all of the information requested on the application;

d. The applicant knowingly gave false, fraudulent or untruthful information on the application;

e. The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the Village, provided that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body;

f. The applicant has been convicted, released from incarceration for conviction or diverted from prosecution on any of the crimes set forth herein during the time period set forth herein;

g. The applicant has had an adult business license or comparable license revoked or suspended in this or any other Village during the past five (5) years; or

h. If the applicant is applying for a license to operate a bathhouse or body painting studio and applicant has not produced a health certificate as required herein for all persons working on the premises.

2. An applicant for a manager, server or entertainer license if one (1) or more of the following conditions exist:

a. The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein;

b. The applicant knowingly failed to provide all of the information required on the application;

c. The applicant knowingly gave materially false, fraudulent or untruthful information on the application;

d. The applicant has had a manager, server or entertainer license revoked or suspended in this or any other Village during the past five (5) years; or

e. The applicant is applying for a license for a manager, server or entertainer in a bathhouse or body painting studio and has not produced a health certificate as required herein.