[R.O. 2011 § 665.010; R.O. 2009 § 158.001; Ord. No. 06-330, 12-14-2006]
This Chapter shall be known as the "Sexually Oriented Business Ordinance for the City of St. Charles, Missouri."
[R.O. 2011 § 665.020; R.O. 2009 § 158.002; Ord. No. 06-330, 12-14-2006]
The provisions of this Chapter shall apply to the corporate limits of the City of St. Charles, Missouri.
[R.O. 2011 § 665.030; R.O. 2009 § 158.003; Ord. No. 06-330, 12-14-2006]
It is the purpose of this Chapter to regulate sexually oriented businesses and related activities to promote the health, safety, morals and general welfare of the citizens of the City of St. Charles, Missouri, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City of St. Charles, Missouri. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article I, Section 8 of the Missouri Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is neither the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
[R.O. 2011 § 665.040; R.O. 2009 § 158.004; Ord. No. 06-330, 12-14-2006]
A.
Based upon evidence concerning the adverse secondary effects of adult uses on the community from factual findings incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 424 (2002); City of Erie v. Pap's A.M, 529 U.S. 277, 146 L. Ed. 2d 265, 120 S. Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); Iacobucci v. City of Newport, Ky., 479 U.S. 92 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); United States v. O'Brien, 391 U.S. 367 (1968); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); SOB, Inc. v. City of Benton, 317 F.3d 856 (8th Cir. 2003); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir.1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir.1984); N.W. Enterprises v. City of Houston, 27 F. Supp. 2d 754 (S.D. Tex.1998); St. Louis County v. B.A.P., 18 S.W.3d 397 (Mo. Ct. App. ED 2000); studies conducted in other Cities and Counties including, but not limited to, Kansas City, Missouri; Rochester, New York; Denver, Colorado; Newport News, Virginia; St. Croix County, Wisconsin; Virginia Beach, Virginia; New York, New York; Manatee County, Florida; Phoenix, Arizona; St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; St. Cloud, Minnesota; Greensboro, North Carolina; Spokane, Washington Legislative Record; Kennedale, Texas; Tucson, Arizona; Rome City, Georgia; St. Marys, Georgia; Centralia, Illinois; Effingham County, Illinois; and Cleburne, Texas; findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota) and the report to the American Center for Law and Justice on the Secondary Impacts of Sexually Oriented Businesses dated March 31, 1996, the City Council finds that:
1.
The outright prohibition of sexually oriented businesses improperly infringes upon protected forms of expression; but that reasonable regulation of such businesses so as to curtail and prevent pernicious secondary effects is both permissible and desirable.
2.
Sexually oriented businesses, if unregulated, are likely to lead to an increase in illegal sexual activities, drug and alcohol offenses, disorderly conduct and other criminal activity.
3.
Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., studies of the Cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas.
4.
When more than one (1) sexually oriented business use occupies the same location or business address, the secondary effects caused by such businesses are increased. Secondary effects are reduced or controlled to a greater degree when only a single sexually oriented business use is allowed to occupy the same location.
5.
Law enforcement resources available for responding to problems associated with or created by sexually oriented businesses are limited due to the growth of the City and such resources are best conserved by regulating sexually oriented businesses.
6.
The public health, safety, welfare and convenience of the residents of the City require that sexually oriented businesses and their locations be regulated in order to reduce the potential for harm and in order to preserve and protect the quality of life in the residential and business environs of the City.
7.
The location of sexually oriented businesses in close proximity to each other adversely affects the property values, causes an increase in crime and encourages residents and other businesses in proximity to such sexually oriented businesses to move and locate elsewhere.
8.
It is the duty and responsibility of the Mayor and Council for the City to protect and preserve the public health, safety and welfare of the City and its residents, the stability of the value and use of property within the City and the character of its neighborhoods and developments.
9.
In order to preserve the public peace and good order and to safeguard and promote the health, safety and welfare of the City and its citizens, therefore, it is necessary and advisable to regulate and restrict the location of sexually oriented business establishments.
10.
The general welfare, health, morals and safety of the citizens of this City will be promoted by enactment of this Chapter.
11.
The requirements of this Chapter advance the public health, safety and welfare by providing neutral regulations governing the conduct of sexually oriented businesses within the corporate limits of the City of St. Charles, Missouri.
[R.O. 2011 § 665.050; R.O. 2009 § 158.005; Ord. No. 06-330, 12-14-2006]
For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
Any place to which the public is permitted or invited wherein paper token-operated, coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos, digital video disc, video over Internet protocol, computer-operated or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Any business, commercial establishment or premises that has as a substantial or significant portion of its stock in trade or has as one (1) of its primary or principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides, digital video disc, computer disc or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate twenty percent (20%) or more of the business's income or account for twenty percent (20%) or more of inventory or occupy twenty percent (20%) or more of gross total floor area. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas. |
An adult live entertainment facility or that part of a live adult entertainment facility which may include a nightclub, bar, restaurant, cafe or similar establishment that regularly, commonly, habitually or consistently features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance includes any of the following:
Persons who appear in a state of nudity or semi-nudity;
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;
Films, motion pictures, video cassettes, slides, digital video discs, photographic reproductions, video over Internet protocol or other image-producing devices that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
Any building, structure or facility which contains or is used for commercial entertainment, including theaters used in presenting live presentations, predominately distinguished or characterized by their principal emphasis on matter displaying, depicting, describing or relating to specified sexual activities or specified anatomical areas and including adult cabaret facilities providing a live presentation, where customers observe any live presentation of any person wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering and additionally, in the case of a female person, with the areola and nipple of the breast exposed or covered only with transparent covering or observe specified sexual activities.
A hotel, motel, building or portion of a building, structure, facility or similar commercial establishment that:
Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, digital video discs, video over Internet protocol or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than eighteen (18) hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than eighteen (18) hours.
A building or portion of a building [including any portion of a building which contains more than one hundred fifty (150) square feet] where films, motion pictures, movies, video cassettes, slides, digital video discs or similar photographic reproductions, video over Internet protocol or other projected images are regularly, commonly, habitually or consistently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually or consistently features persons who appear in person in a state of nudity or semi-nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
The Director of Community Development.
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "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, nor does "employee" include a person exclusively on the premises as a patron or customer. The term "employee" includes any manager.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new business;
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other existing sexually oriented business; or
The relocation of any sexually oriented business; or
A sexually oriented business or premises on which the sexually oriented business is located.
The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas) plus aisles, hallways and entryways serving such areas.
A facility licensed by the State of Missouri, whether situated within the County or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility.
A play, skit, opera, ballet, concert, comedy or musical drama.
Anything printed or written or any picture, drawing, photograph, motion picture film, videotape or videotape production or pictorial representation or any statue or other figure or any recording or transcription or any mechanical, chemical or electrical reproduction or anything that is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.
Anything printed or written or any picture, drawing, photograph, motion picture film, videotape or videotape production or pictorial representation or any electrical or electronic reproduction of anything that is or may be used as a means of communication. "Media" includes, but shall not be limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, digital video discs, laser discs, other magnetic media and undeveloped photographs.
The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
Any person operating, conducting or maintaining a sexually oriented business.
The proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; all officers, directors and persons holding five percent (5%) or more of the outstanding shares if a corporation; or all officers, directors, members and persons holding five percent (5%) or more of any ownership interest, if a limited liability company; or any beneficiary or trustee of a trust.
An individual, proprietorship, partnership, corporation, trust, incorporated or unincorporated association, limited liability company, joint venture, governmental entity or other entity or group of persons however organized.
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots or parking garages adjacent thereto under the ownership, control or supervision of the owner or operator.
The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult live entertainment facility, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
Includes any of the following: