[R.O. 1996 § 610.020; Ord. No. 844 § 16-106.2, 2-22-1993; Ord. No. 1317 § 1, 3-13-2000]
For the purposes of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:
ADULT CABARETA nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude.
ADULT ENTERTAINER ARCADEAn adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers, or members, in a viewing area or viewing areas which is/are designed for occupancy by no more than five (5) persons, any live exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
CITYCity of Grain Valley also known as the Board of Aldermen, City of Grain Valley, Missouri.
CUSTOMERAny person who:
1. Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity; or
2. Enters a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. Is a member of and on the premises of a sexually oriented business as a private club.
EMPLOYEEAny person who renders any service whatsoever to the customer of a sexually oriented business or who works in or about a sexually oriented business and who receives compensation for such service or work from the operator or owner of the business or from customers therein. "Employee" includes managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of a sexually oriented business.
ENTERTAINERAny person who provides adult entertainment within a sexually oriented business, whether or not a fee is charged or accepted for entertainment.
ENTERTAINMENTAny exhibition or dance of any type, pantomime, modeling or any other performance.
MANAGERAny person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity, including adult entertainment, occurring at any sexually oriented business.
OPERATORAny person operating, conducting or maintaining a sexually oriented business.
OWNER OR OWNERSThe proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; or all officers, directors, and persons holding one percent (1%) or more of the outstanding shares, if a corporation.
PERSONAny individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.
PUBLIC PLACEAny area generally visible to public view and including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles, whether moving or not.
SEXUALLY ORIENTED BUSINESS1. An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
a. Has a substantial portion of its displayed merchandise which consists of such items; or
b. Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
e. Maintains a substantial section of its interior business space for the sale or rental of such items; or
f. Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
3. An adult motion picture theater. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration;
4. A semi-nude model studio. "Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:
a. By a college, junior college, or university supported entirely or partly by taxation;
b. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
c. In a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(2) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
5. A sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude.
SPECIFIED ANATOMICAL AREAS1. Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITYAny of the following
1. Intercourse, oral copulation, masturbation, or sodomy; or
2. Excretory functions as a part of or in connection with any of the activities described in paragraph (a) of this subdivision.
VIEWING AREAThe area where a customer or member would ordinarily be positioned while watching an exhibition, performance or dance.