For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them by this Section:
Any place to which the public is permitted or invited wherein money-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.
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, videocassettes, 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 nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment which regularly features persons who appear semi-nude.
Any person who provides entertainment distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas, or who appears in a semi-nude condition, whether or not a fee is charged or accepted.
Magazines, books, videotapes, movies, slides, compact discs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.
A commercial establishment where films, motion pictures, videocassettes, 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.
Describing the essential character or dominant theme of an item.
Refers to performance of services on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person involved is denominated an employee, independent contractor, agent or otherwise, but excluding a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
The total interior area 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.
Media characterized by sexual activity that includes one (1) or more of the following: erect male organ; contact of the mouth of one (1) person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sexually oriented toy or novelty into an orifice; male ejaculation, or the aftermath of male ejaculation.
Any of the following:
The actual power to operate a business or legal entity or control the operation, management, or policies of a business or legal entity;
Ownership of a financial interest of thirty percent (30%) or more of a business or any class of voting securities of a business; or
Holding an office such as president, vice president, secretary, treasurer, managing member, or managing director of a business or legal entity.
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 necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, compact discs, other magnetic media, and undeveloped pictures.
The showing of the human genitals, pubic area, vulva, anus, anal cleft or the female breast with less than a fully opaque fabric or leather covering of any part of the nipple or areola. Body paint shall not qualify as fabric or leather.
Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises, whether or not an owner or licensee of the business.
The real property upon which a 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, parking lots, and parking garages.
Exists where the commercial establishment:
Has a substantial portion [as used in this definition, at least thirty percent (30%)] of its displayed merchandise which consists of the pertinent items; or
Has a substantial portion of the wholesale value of its displayed merchandise which consists of the pertinent items; or
Has a substantial portion of the retail value of its displayed merchandise which consists of the pertinent items; or
Derives a substantial portion of its revenues from the sale or rental of the pertinent items; or
Maintains a substantial section of its interior business space for the sale or rental of the pertinent items; or
Maintains an adult arcade.
Consistent and repeated.
Flagellation or torture by or upon a person, or the conditions of being fettered, bound, or otherwise physically restrained, as an act of sexual stimulation or gratification.
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, but excluding a modeling class operated by a college, junior college, or university supported entirely or partially by taxation, 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 partially by taxation, or in a structure which has no sign visible from the exterior of the structure or other advertising that indicates a semi-nude person is available for viewing and students must enroll at least three (3) days in advance to participate in the class.
The showing of the human female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the human male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, skirt, leotard, or similar wearing apparel, provided the areola is not exposed in whole or in part. Coverage by other than opaque fabric or leather shall still constitute "showing" for purposes hereof, and body paint shall not qualify as fabric or leather.
Any person who serves food or drink at a sexually oriented business.
A commercial establishment offering goods for sale or rent that meets any of the following tests:
The establishment offers for sale items from any two (2) of the following categories:
Adult media;
Lingerie; or
Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices or abuse; and the combination of such items constitutes more than ten percent (10%) of its stock in trade or occupies more than ten percent (10%) of its gross public floor area.
More than ten percent (10%) of its stock in trade consists of sexually oriented toys or novelties.
More than ten percent (10%) of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
A commercial establishment that, as one of its principal business activities, offers for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons where one (1) or more of the persons is semi-nude.
An inclusive term used to describe, individually and collectively, adult cabaret; adult bookstore; adult video store, adult theater, semi-nude model studio, sexual encounter center, and/or sex shop as defined by City ordinance as well as any sexually oriented business as defined by State law, including Section 573.010, RSMo.
Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breast, or designed or marketed primarily for use to stimulate human genital organs, or for sadomasochistic practices or abuse.
Intercourse, oral copulation, masturbation, sodomy, or excretory functions as a part of or in connection with any of the foregoing. Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, oral copulation, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast, and any related excretory functions, or any sadomasochistic practices or abuse, or bestiality.