City of Sikeston, MO Division 9 Adult Entertainment Establishments Conditional Use

Section 405.800 (Reserved) [1]

[1] Editor's Note: Former Section 405.800, Adult Entertainment As A Conditional Use, was repealed 4-26-2021 by Ord. No. 6220.

Section 405.810 Definitions.

[R.O. 2009 § 17.24.510; Ord. No. 6220, 4-26-2021; Ord. No. 6294, 1-30-2023]

As used in this Division, the following terms shall have these prescribed meanings:

ADULT

Persons who have attained the age of eighteen (18) years.

ADULT BUSINESS

Any business:

1. That has as a substantial or significant purpose in the sale or rental of merchandise that is intended for use in connection with specified sexual activities or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or

2. That as one (1) of its regular and substantial business purposes includes:

a. The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or

b. The providing of services that are intended to provide sexual arousal or excitement or that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits or allow participation in specified sexual activities ancillary to other pursuits.

3. The definition of "adult business" also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:

a. ADULT BOOKSTORE An establishment having as a ten percent (10%) portion of its stock in trade books, photographs, magazines or films for sale or viewing on the premises by use of motion picture devices or other coin-operated mechanism or any other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.

b. ADULT ENTERTAINMENT ESTABLISHMENTS Any of the establishments, businesses, buildings, structures or facilities defined in this Section.

c. ADULT ENTERTAINMENT FACILITY Any building, structure or facility which contains or is used entirely or partially as commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities and exotic dance facilities (regardless of whether the theater or facility provides a live presentation or video tape or film presentation), where the patrons either:

(1) Engage in personal physical or visual contact with employees, devices, equipment or personnel provided by the establishment which appeals to the prurient interest of the patrons;

(2) Observe any live presentation, video tape or film presentation of persons wholly or partially nude or with their genital or pubic regions exposed or covered only with transparent or opaque covering or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering; or

(3) Are enabled to observe specified sexual activities.

d. ADULT RETAIL ESTABLISHMENT A business that displays or offers goods for sale or rent and that meets any of the following:

(1) It displays or offers for sale or rent items from any of the following categories: "Sexually-oriented toys or novelties"; lingerie; clothing that graphically depicts "specified anatomical areas"; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:

(a) Five percent (5%) or more of all inventory at any time; or

(b) Five percent (5%) or more of the merchandise displayed for sale at any time; or

(c) Five percent (5%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms or any portion of the business not open to the public) at any time; or

(d) Five percent (5%) or more of the dollar value of all merchandise displayed at any time.

e. BATHHOUSE An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.

f. MASSAGE SHOP An establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or the stimulation of external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the treatment or service is provided or some third person on his/her behalf will pay money or give any other consideration or gratuity, provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.

g. MODELING STUDIO An establishment or business which provides for a fee or compensation the services of models on the premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to certified State-licensed (by the State of Missouri) public or private schools where persons are enrolled in classes.

SEXUALLY-ORIENTED TOYS OR NOVELTIES

Instruments, devices or paraphernalia which either depict "specified anatomical areas" or are designed or marketed for use in connection with "specified sexual activities," or clothing that graphically depicts "specified anatomical areas" or "specified sexual activities." In determining whether an item is "designed or marketed for use" in connection with "specified sexual activities," the following guidelines may be considered:

1. Advertising concerning the use of the item;

2. Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;

3. The physical or structural characteristics of the item;

4. The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.

SPECIFIED ANATOMICAL AREA

1. Human male or female genitals or pubic area with less than a fully opaque covering;

2. Human buttocks, including any portion of the anal cleft or cleavage of the male or female buttocks with less than a fully opaque covering;

3. The female breast or breasts below a point immediately above the top of the areola encircling the nipple with less than a fully opaque covering, or any combination of the foregoing; or

4. Human male genitals in a discernibly erect state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Sexual conduct, being actual or simulated; acts of human masturbation; sexual intercourse; physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; any sadomasochistic abuse or acts including animals; any latent object in an act of apparent sexual stimulation or gratification; or any of the following:

1. SEXUAL CONDUCT Acts of masturbation, homosexuality, sodomy, sexual intercourse or having physical person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;

2. SEXUAL EXCITEMENT The condition of human male or female genitals when in a state of sexual stimulation or arousal; or

3. SADOMASOCHISTIC ABUSE Flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

Section 405.820 (Reserved) [1]

[1] Editor's Note: Former Section 405.820, Conditional Use Permit Required, was repealed 4-26-2021 by Ord. No. 6220.

Section 405.830 Special Conditions.

[R.O. 2009 § 17.24.530; Ord. No. 6220, 4-26-2021; Ord. No. 6294, 1-30-2023]

A. A conditional use permit shall be obtained for all adult-use businesses.

B. The following conditions shall apply:

1. Adult businesses shall not be located within one thousand (1,000) feet (305 m) of a park, school day care center, library or religious or cultural activity.

2. Adult businesses shall not be located within five hundred (500) feet (152 m) of any other adult business or any agricultural or residential zone boundary.

3. Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

4. Said business shall be located in the "C-3" Zone only on lots or parcels of land fronting on Malone or Main Streets and shall not be permitted as a home occupation.

5. The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.

6. All off-street parking requirements shall conform to other ordinances contained within the City Code of Sikeston, Missouri.

7. The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities by any pedestrian and from any sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the structure of the adult entertainment establishment for which it is licensed.

8. Further, no merchandise or pictures or products, services or entertainment offered or provided on the premises shall be displayed on the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.

9. Lighting of the parking area must be maintained and provided a minimum light level of twenty-five hundredths (0.25) foot-candles over the entire parking area; but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted beyond the lot line.

Section 405.840 Site/Floor Plan Required.

[R.O. 2009 § 17.24.540; Ord. No. 6220, 4-26-2021[1]]

A. Each application for a conditional use permit shall require the submission of an accompanying site plan. The site/floor plan shall include, as a minimum, the following information:

1. The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties.

2. The site plan shall delineate existing rights-of-way and easements.

3. The site plan shall delineate the general locations and width of all adjoining streets and public rights-of-way, such as alleys, pedestrian ways and easements.

4. The site plan shall delineate the proposed building layout with the front, side and rear building setbacks.

5. The site plan shall characterize the proposed usage of the building.

6. The site plan shall delineate the location, number of parking spaces and the proposed parking and loading ratio and its location.

7. The floor plan shall delineate all points of access and egress.

8. The floor plan shall delineate the gross floor area of the building or structure.

9. The site plan shall describe the landscaping to be provided.

10. The site plan shall delineate the proposed exterior lighting in accordance with Subsection 405.830(J) above.

11. The site plan shall indicate the signage.

12. The site/floor plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.

13. The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Division.

[1] Editor's Note: Ord. No. 6220 also changed the title of this Section from "Site Plan Required" to "Site/Floor Plan Required."

Section 405.850 Penalty.

[R.O. 2009 § 17.24.550; Ord. No. 5046 §II, 2-24-1995; Ord. No. 6220, 4-26-2021]

Any person, who violates any provision of this Division shall be subject to the general penalty provided of the Sikeston Municipal Code.