For the
purposes of this Chapter and unless the context plainly requires otherwise,
the following definitions are adopted:
ADULT BUSINESS
1.
Any business:
a.
That has as a substantial or significant purpose 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
b.
That has as one of its regular and substantial business purposes:
(1)
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
(2)
The providing of services that are intended to cause or facilitate
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.
2.
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.
The following businesses that offer merchandise for exchange,
rental or sale:
(1)
ADULT MEDIA OUTLETA business engaging in the exchange, rental or sale of adult media, if that business is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of the retail sales business is devoted to the exchange, rental or sale of adult media. For purposes of this subsection, it shall be presumed that a substantial or significant portion of a business is devoted to the exchange, rental or sale of adult media if any one or more of the following criteria is satisfied:
(a)
Thirty-three percent (33%) or more of the exchanges, rentals
or sales, measured in dollars over any consecutive ninety-day period,
is derived from these items;
(b)
Thirty-three percent (33%) or more of the number of transactions,
measured over any consecutive ninety-day period, relate to these items;
(c)
Thirty-three percent (33%) or more of the wholesale value of
all merchandise displayed at any time is attributable to these items;
(d)
Thirty-three percent (33%) or more of the retail value (defined
as the price charged to customers) of all merchandise displayed at
any time is attributable to these items;
(e)
Thirty-three percent (33%) or more of all inventory consists
of these items at any time;
(f)
Thirty-three percent (33%) or more of the merchandise displayed
for sale at retail consists of these items at any time;
(g)
Thirty-three percent (33%) or more of the floor area of the
retail sales business (not including storerooms, stock areas, restrooms,
basements or any portion of the business not open to the public) is
devoted to these items at any time;
(h)
Five hundred (500) square feet or more of the floor area of
the business for display, sale, and/or rental is devoted to these
items at any time;
(i)
Two thousand (2,000) or more of these items are regularly offered
for sale or rental.
(2)
This presumption shall be rebuttable.
(3)
ADULT NEWSRACKAny coin- or card-operated device that offers for sale by dispensing printed material that is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(4)
ADULT RETAIL ESTABLISHMENTA business that displays or offers goods for sale, rental or exchange that meets any of the following tests:
(a)
Displays or offers for sale, rental or exchange items from any
two (2) of the following categories: sexually oriented toys or novelties;
clothing that graphically depicts any specified anatomical area; or
leather or other goods designed or marketed for use for sexual bondage
or sadomasochistic practices; and the combination of these items constitutes:
(i)
Ten percent (10%) or more of the sales, rentals or exchanges
of merchandise, measured in dollars over any consecutive ninety-day
period; or
(ii)
Ten percent (10%) or more of the number of sale, rental or exchange
transactions of merchandise, measured over any consecutive ninety-day
period; or
(iii)
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time; or
(iv)
Ten percent (10%) or more of all merchandise inventory at any
time, measured by the number of items; or
(v)
Ten percent (10%) or more of the merchandise displayed at any
time, measured by the number of items; or
(vi)
Ten percent (10%) or more of the sales floor area of the business
(not including storerooms, stock areas, restrooms, or any portion
of the business not open to the public) at any time;
(b)
Five percent (5%) or more of the sales, rentals or exchanges
of merchandise, measured in dollars over any consecutive ninety-day
period, is derived from sexually oriented toys or novelties; or
(c)
Five percent (5%) or more of the number of sale, rental or exchange
transactions of merchandise, measured over any consecutive ninety-day
period, involve sexually oriented toys or novelties; or
(d)
Five percent (5%) or more of the dollar value of all merchandise
displayed at any time is attributable to sexually oriented toys or
novelties; or
(e)
Five percent (5%) or more of all merchandise inventory, measured
by the number of items, consists of sexually oriented toys or novelties
at any time; or
(f)
Five percent (5%) or more of all merchandise displayed, measured
by the number of items, consists of sexually oriented toys or novelties
at any time; or
(g)
Five percent (5%) or more of the sales floor area of the business
(not including storerooms, stock areas, restrooms, or any portion
of the business not open to the public) is devoted to sexually oriented
toys or novelties at any time.
(5)
SEXUAL DEVICE SHOPA commercial establishment that regularly features or provides sexual devices for their use on or off the premises. This definition shall not be construed to include any pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or healthcare products or services, or any establishment that does not regularly advertise itself or hold itself out, by using "adult," "adults-only," "XXX," "sex," "erotic," "novelties," or substantially similar language, as an establishment that primarily caters to adult sexual interests.
b.
The following businesses that provide entertainment:
(1)
(a)
Any business to which the public, patrons or members are invited
or admitted, and where providing adult entertainment is a regular
and substantial portion of its business.
(b)
The definition of "adult entertainment business" also includes,
but is not limited to, any and all of the following specific adult
entertainment businesses, as defined herein:
(i)
ADULT MOTION PICTURE THEATERAn establishment with a screen or projection area, where a regular and substantial portion of its business is the exhibition to patrons of films, videocassettes, slides, or similar photographic reproductions, videotapes or motion pictures that are intended to provide sexual stimulation or sexual gratification to the patrons or that are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(ii)
ADULT THEATERAn establishment where a regular and substantial portion of its business is providing live performances that are distinguished by or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(iii)
i)
An establishment where a regular and substantial portion of
its business is providing live entertainment that:
|
[i]
|
Is intended to provide sexual stimulation or sexual gratification
to the entertainer or the patrons; and
|
|
[ii]
|
Is distinguished by or characterized by an emphasis on matter
depicting, simulating, describing or relating to specified anatomical
areas or the conduct or simulation of specified sexual activities;
or
|
ii)
An establishment which regularly features entertainment of an
erotic nature, including exotic dancers, strippers, moving or still
photography of erotic dancers, strippers or similar entertainers.
c.
The following businesses that provide services:
(1)
BATH HOUSEAn enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
(2)
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, videocassettes, videotapes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and that rents room accommodations for less than six hours at a time.
(3)
SEXUAL ENCOUNTER ESTABLISHMENTA business or commercial establishment that, as a substantial or significant business purpose, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or offers for exchange, rental, sale or otherwise provides or facilitates the use of sexually oriented toys or novelties on the premises. For purposes of determining whether a business or commercial establishment is a sexual encounter establishment, the fact that the business advertises or permits others to portray the establishment in advertising or other materials about the business as an establishment that affords opportunities for two or more persons to engage in specified sexual activities and/or makes available for use sexually oriented toys or novelties in the establishment may be considered. The mere fact that an establishment provides overnight accommodations will not cause it to be classified as a sexual encounter establishment; provided, however, that offering overnight accommodations in conjunction with making available, providing, offering, or facilitating the use of sexually oriented toys or novelties may be a critical factor in determining that the establishment is a sexual encounter establishment.
3.
The definition of adult business does not include, and this
Chapter shall not apply to, a theater, concert hall, art center, museum,
or similar establishment that is primarily devoted to art exhibits
or theatrical performances and in which any of the circumstances covered
by the definition of adult business were permitted or allowed as part
of art exhibits or performances.
4.
For purposes of determining whether a business is an adult business,
the fact that the business advertises or permits others to portray
the establishment in advertising or other materials about the business
as such may be considered.
ADULT ENTERTAINMENT
Any exhibition, performance, display or dance of any type,
including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing,
or any service offered on a premises where that exhibition, performance,
display or dance is intended to arouse or excite the sexual desires
of the entertainer, other entertainers or patrons, or if the entertainment
is characterized by an emphasis on the exposure, depiction or description
of specified anatomical areas or the conduct or simulation of specified
sexual activities.
ADULT MEDIA
Books, magazines, periodicals, other printed matter, pictures,
slides, records, audiotapes, videotapes, compact discs, DVDs, motion
pictures, photographs, films, videocassettes, slides, CD-ROMs or other
devices used to record computer images, or other similar media that
are distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified anatomical areas or specified
sexual activities.
ADULT MEDIA VIEWING BOOTH
Any booth, cubicle, stall or compartment that is designed,
constructed or used to hold or seat a patron or patrons and is used
for viewing or reading adult media. Adult media viewing booths are
sometimes also known as adult video viewing booths, peep shows, adult
video arcades, panoramas and adult mini-motion picture theaters. For
purposes of this definition, an adult media viewing booth shall refer
to all these booths, cubicles, stalls or compartments containing less
than one hundred fifty (150) square feet of gross floor area.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors, who perform any service on the premises of
an adult business, on a full-time, part-time, or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent, or otherwise. Employee does not include a person exclusively
on the premises for repair or maintenance of the premises or for the
delivery of goods to the premises.
ENTERTAINER
Any person who provides adult entertainment within an adult
entertainment business, whether or not a fee is charged or accepted
for entertainment.
HEALTH INSPECTOR
An authorized representative of the Platte County Health
Department, the City's Code Enforcement Officer, or the Chief
of Police or their respective designee.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
MINOR
Any person less than eighteen (18) years of age.
NUDE or NUDITY
The appearance of a human bare buttock, anus, genitals, or
female breast, or a state of dress that fails to completely and opaquely
cover a human buttock, anus, genitals, or any part of the female breast
or breasts that is situated below a point immediately above the top
of the areola, but not including any portion of the cleavage of the
female breast exhibited by a dress, blouse, shirt, leotard, bathing
suit, or other wearing apparel, provided the areola is not exposed.
OPERATE
To own, conduct or maintain the affairs of an adult business.
OPERATOR
Any person on the premises of an adult business who causes
the business to function or who puts or keeps in operation the business
or who is authorized to manage the business or exercise overall operational
control of the business premises. A person may be found to be operating
or causing to be operated a sexually oriented business whether or
not such person is an owner, part owner, or licensee of the business.
PATRON
Any person who enters an adult business without regard to
whether a purchase is made from the adult business or compensation
is paid to the adult business or any employee of the adult business
for merchandise, entertainment or service; provided that the term
"patron" shall not include persons who enter an adult business for
the sole purpose of providing service or merchandise to the adult
business and who do not remain in the adult business after the purpose
has been accomplished, including, but not limited to, persons performing
construction, repair or maintenance on the premises or delivering
goods or merchandise to the adult business and any similar activity.
PERSON
Any individual, partnership, corporation, limited liability
company, trust, unincorporated association, joint venture, governmental
entity, or other entity or group of persons, however organized.
SERVER
Any person who serves food or drink at an adult business.
SEXUALLY ORIENTED TOYS OR NOVELTIES
1.
Instruments, devices or paraphernalia that either depict representations
of specified anatomical areas or are designed or marketed for use
in connection with 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:
a.
Expert testimony as to the principle use of the item;
b.
Evidence concerning the total business of a person or business
establishment and the type of merchandise involved in the business;
c.
National and local advertising concerning the use of the item;
d.
Evidence of advertising concerning the nature of the business
establishment or design or use of an item;
e.
Instructions, graphics or other material contained on the item
itself, on the packaging materials for the item, or in the manufacturer's,
distributor's or retailer's instructions, graphics, publications
or description of the item;
f.
The physical or structural characteristics of the item;
g.
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area;
h.
Evidence from an Internet search of the item concerning the
use of the item;
i.
The fact that filtering software prohibits or blocks the viewing
of the item as sexual in nature upon an Internet search of the item.
2.
Any person may request an interpretive ruling from the Chief
of Police, or his or her designee, as to whether a particular item
is considered by the City to be designed or marketed for use in connection
with specified sexual activities. An application for an interpretive
ruling shall be made in writing on a form provided by the Chief of
Police, and shall be accompanied by other information as may reasonably
be requested under the circumstances pertaining to the specific item
about which a ruling is requested. The Chief of Police shall issue
a written interpretive ruling within ten (10) business days following
submission of a completed application. The decision of the Chief of
Police may be appealed to the Governing Body within fifteen (15) days
following the interpretive ruling by submitting a written notice of
appeal to the City Clerk.
SPECIFIED ANATOMICAL AREAS
1.
Any of the following, or any combination of the following, when
less than completely and opaquely covered: any human genitals, pubic
region, any buttock, or any portion of the female breast or breasts
that is situated below a point immediately above the top of the areola,
but not including any portion of the cleavage of the female breast
exhibited by a dress, blouse, shirt, leotard, bathing suit, or other
wearing apparel, provided the areola is not exposed; or
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACT
Any of the following crimes for which less than eight (8)
years has elapsed since the date of conviction or the date of release
from confinement with respect to a felony, or for which less than
two (2) years has elapsed since the date of conviction with respect
to a misdemeanor, whichever is the later date:
1.
Sexual offenses set forth in Chapter 566 of the Revised Statutes
of Missouri, and amendments thereto;
2.
Prostitution offenses set forth in Chapter 567 of the Revised
Statutes of Missouri, and amendments thereto;
3.
Offenses involving a child and sex set forth in Chapter 568
of the Revised Statutes of Missouri, and amendments thereto;
4.
Pornography and related offenses set forth in Chapter 573 of
the Revised Statutes of Missouri, and amendments thereto;
5.
Controlled substance, illegal drug, or narcotics offenses as
set forth in the State Comprehensive Drug Control Act set forth in
Chapter 195 of the Revised Statutes of Missouri, and amendments thereto;
6.
Offenses involving money laundering;
7.
Offenses involving tax evasion;
8.
Offenses similar to the foregoing offenses that are set forth
in other portions of State Statutes;
9.
Any attempt, solicitation, or conspiracy to commit one of the
foregoing offenses; or
10.
Any offense in another jurisdiction that, had the predicate
act(s) been committed in Missouri, would have constituted any of the
foregoing offenses. If necessary, the City Attorney shall issue an
interpretive ruling determining whether a crime from another jurisdiction
corresponds to the crimes set forth above in Subsections (A) through
(G), inclusive.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
1.
Sexual conduct, including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
2.
Fondling or other erotic touching of a person's clothed
or unclothed genitals, pubic region, buttock, anus or female breast;
4.
Human genitals in a state of sexual stimulation or arousal;
5.
Excretory functions as a part of or in connection with any of
the activities described in Subsection (A) of this definition.