As used in this Chapter, the following terms shall have these
prescribed meanings:
A nightclub, bar, restaurant, or similar establishment in
which persons regularly appear in a state of nudity, as defined in
Section 573.500, RSMo., or seminudity in the performance of their
duties.
A person who is at least twenty-one (21) years of age and
who performs any service on the premises of a sexually oriented business
on a full-time, part-time, or contract basis, whether or not the person
is denominated an employee, independent contractor, agent, or otherwise,
and whether or not said person is paid a salary, wage, or other compensation
by the operator of said business. The term employee does not include
a person exclusively on the premises for repair or maintenance of
the premises or equipment on the premises, or for the delivery of
goods to the premises.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or anal cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
Any place in or upon which lewdness, assignation, or prostitution
is conducted, permitted, continued, or exists, or any place, in or
upon which lewd, indecent, lascivious, or obscene films, or films
designed to be projected for exhibition, are photographed, manufactured,
developed, screened, exhibited, or otherwise prepared or shown, and
the personal property and contents used in conducting and maintaining
any such place for any such purpose. The provisions of this Section
shall not affect any newspaper, magazine, or other publication entered
as second class matter by the post office department.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A state of dress in which opaque clothing fails to cover
the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple
and areola of the female breast below a horizontal line across the
top of the areola at its highest point. Seminudity shall include the
entire lower portion of the female breast, but shall not include any
portion of the cleavage of the human female breast exhibited by wearing
apparel provided the areola is not exposed in whole or part.
An adult cabaret or any business which offers its patrons
goods of which a substantial or significant portion are sexually oriented
material. It shall be presumed that a business that derives thirty
percent (30%) or less of its revenue from sexually oriented materials
is presumed not to be a sexually oriented business. No building, premises,
structure, or other facility that contains any sexually oriented business
shall contain any other kind of sexually oriented business.
Any pictorial or three-dimensional material, or film, motion
picture, DVD, video cassette, or similar photographic reproduction,
that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse, as defined in Section 573.010, RSMo.
Includes the following offenses:
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution, or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling prohibited under Missouri law; or
distribution of a controlled substance; or any similar offenses described
in this subdivision under the criminal or penal code of other States
or Countries;
For which:
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
The fact that a conviction is being appealed shall not prevent a sexually oriented business from being considered a nuisance and closed under Section 615.020.
Includes the following acts:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, or sodomy; or
Excretory functions as part of or in connection with any of
the activities set forth in this subdivision.
A.Â
A person
who operates or causes to be operated a sexually oriented business
shall be prohibited from exhibiting in a viewing room on the premises
a film, video cassette, DVD, or other video reproduction that depicts
specified sexual activities unless the viewing room is visible from
a continuous main aisle in the sexually oriented business and such
viewing room is not obscured by any curtain, door, wall, or other
enclosure. No viewing room shall be occupied by more than one individual
at a time and there shall be no aperture between viewing rooms which
is designed or constructed to facilitate sexual activity between persons
in different rooms.
A.Â
It shall
be a class A misdemeanor for a person, in a sexually oriented business,
to knowingly and intentionally appear in a state of nudity or depict,
simulate, or perform specified sexual activities.
B.Â
It shall
be a class A misdemeanor for a person to appear knowingly or intentionally
in a sexually oriented business in a seminude condition unless the
person is an employee who, while seminude, shall be at least ten (10)
feet from any patron or customer and on a stage at least two (2) feet
from the floor and behind a railing no less than twenty-four (24)
inches in height.
C.Â
It shall
be a class A misdemeanor for an employee, while seminude, to touch
a customer or the clothing of a customer.
D.Â
It shall
be a class A misdemeanor if a person knowingly allows on the premises
of a sexually oriented business a person under the age of twenty-one
(21) years, except for a person exclusively on the premises for repair
or maintenance of the premises or equipment on the premises, or for
the delivery of goods to the premises.
E.Â
The provisions of Sections 615.010—615.030 are designed to protect the following public policy interest of this State, including but not limited to: to mitigate the adverse secondary effects of sexually oriented businesses, to limit harm to minors, and to reduce prostitution, crime, juvenile delinquency, deterioration in property values and lethargy in neighborhood improvement efforts.
