[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 BOOKSTOREAn 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.
c.
ADULT ENTERTAINMENT FACILITYAny 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.
(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.
BATHHOUSEAn 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 SHOPAn 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 STUDIOAn 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 CONDUCTActs 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 EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal; or
3.
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
[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.
[R.O. 2009 § 17.24.540; Ord. No. 6220, 4-26-2021]
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.
[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.