[R.O. 2011 §640.010; Ord. No. 00-1-2011, 2-21-2011]
A.
It
is the purpose of this Chapter to regulate sexually oriented businesses
in order to promote the health, safety, and general welfare of the
citizens of this City, and to establish reasonable and uniform regulations
to prevent the deleterious secondary effects of sexually oriented
businesses within the City. The provisions of this Chapter have neither
the purpose nor effect of imposing a limitation or restriction on
the content or reasonable access to any communicative materials, including
sexually oriented materials. Similarly, it is neither the intent nor
effect of this Chapter to restrict or deny access by adults to sexually
oriented materials protected by the first amendment, or to deny access
by the distributors and exhibitors of sexually oriented entertainment
to their intended market. Neither is it the intent nor effect of this
Chapter to condone or legitimize the distribution of obscene material.
B.
The
general assembly of the State of Missouri has found that:
1.
Sexually oriented businesses, as a category of commercial, enterprises,
are associated with a wide variety of adverse secondary effects, including,
but not limited to, personal and property crimes, prostitution, potential
spread of disease, lewdness, public indecency, obscenity, illicit
drug use and drug trafficking, negative impacts on surrounding properties,
urban blight, litter, and sexual assault and exploitation.
2.
Sexually oriented businesses should be separated from sensitive land
uses to minimize the impact of their secondary effects upon such uses,
and should be separated from other sexually oriented businesses to
minimize the secondary effects associated with such uses and to prevent
an unnecessary concentration of sexually oriented businesses in one
area.
3.
Each of the foregoing negative secondary effects constitutes a harm
that the City has a substantial interest in preventing or abating,
or both. Such substantial government interest in preventing secondary
effects, which is the City's rationale for the enactment of Sections
573.525 to 573.537, RSMo., exists independent of any comparative analysis
between sexually oriented and non-sexually oriented businesses. Additionally,
the City's interest in regulating sexually oriented businesses extends
to preventing future secondary effects of current or future sexually
oriented businesses that may locate in the City.
[R.O. 2011 §640.020; Ord. No. 00-1-2011, 2-21-2011]
For the purpose of this Chapter, the following terms shall apply:
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 (5) 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 (1) of its principal
business activities, 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 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:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade.
A 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.
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 (5) persons for any form of consideration.
Describing the essential character or dominant theme of an
item.
Describe and pertain to any person who performs any service
on the premises of a sexually oriented 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.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business; or
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business; or
The addition of any sexually oriented business to any other
existing sexually oriented business.
Any of the following:
The actual power to operate the sexually oriented business or
control the operation, management, or policies of the sexually oriented
business or legal entity which operated the sexually oriented business;
or
Ownership of a financial interest of thirty percent (30%) or
more of a business or of any class of voting securities of a business;
or
Holding an office, such as president, vice president, secretary,
treasurer, managing member, or managing director, in a legal entity
which operates the sexually oriented business.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft, or cleavage with less than a fully opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any part of the nipple or areola.
Any person on the premises of a sexually oriented 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.
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 or both.
The consistent and repeated doing of the act so described.
The showing of the 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 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 female breasts
exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing
apparel provided the areola is not exposed in whole or in part.
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:
By a college, junior college, or university supported entirely
or partly by taxation; or
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
A business or commercial enterprise that, as one (1) of its
principal purposes, purports to offer for any form of consideration
physical contact in the form of wrestling or tumbling between two
(2) or more persons when one (1) or more of the persons is semi-nude.
An adult bookstore or adult video store, an adult cabaret,
an adult motion picture theater, a semi-nude model studio, or a sexual
encounter center.
Any of the following specified offenses for which less than
eight (8) years has elapsed since the date of conviction or the date
of release from confinement for the conviction, whichever is later:
Rape and sexual assault offenses;
Sexual offenses involving minors;
Offenses involving prostitution;
Obscenity offenses;
Offenses involving money laundering;
Offenses involving tax evasion;
Any attempt, solicitation, or conspiracy to commit one (1) of
the offenses listed in paragraphs (1) to (6) of this definition; or
Any offense committed in another jurisdiction which if committed
in this City would have constituted an offense listed in paragraphs
(1) to (7) of this definition.
Any of the following:
At least thirty percent (30%) of the item or items so modified.
The room, booth, or area where a patron of a sexually oriented
business would ordinarily be positioned while watching a film, video
cassette, digital video disc, or other video reproduction.
[R.O. 2011 §640.030; Ord. No. 00-1-2011, 2-21-2011]
A.
No
person shall establish a sexually oriented business within one thousand
(1,000) feet of any pre-existing primary or secondary school, house
of worship, State-licensed day care facility, public library, public
park, residence, or other sexually oriented business. This Subsection
shall not apply to any sexually oriented business lawfully established
prior to August 28, 2010. For purposes of this Subsection, measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the closest portion of the parcel containing the
sexually oriented business to the closest portion of the parcel containing
the pre-existing primary or secondary school, house of worship, State-licensed
day care facility, public library, public park, residence, or other
sexually oriented business.
B.
No
person shall establish a sexually oriented business if a person with
an influential interest in the sexually oriented business has been
convicted of or pled guilty or nolo contendere to a specified criminal
act.
C.
No
person shall knowingly or intentionally, in a sexually oriented business,
appear in a state of nudity.
D.
No
employee shall knowingly or intentionally, in a sexually oriented
business, appear in a semi-nude condition unless the employee, while
semi-nude, shall be and remain on a fixed stage at least six (6) feet
from all patrons and at least eighteen (18) inches from the floor
in a room of at least six hundred (600) square feet.
E.
No
employee, who appears in a semi-nude condition in a sexually oriented
business, shall knowingly or intentionally touch a patron or the clothing
of a patron in a sexually oriented business.
F.
A sexually
oriented business which exhibits on the premises, through any mechanical
or electronic image-producing device, a film, video cassette, digital
video disc, or other video reproduction characterized by an emphasis
on the display of specified sexual activities or specified anatomical
areas shall comply with the following requirements:
1.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from an operator's station of every
area of the premises, including the interior of each viewing room
but excluding restrooms, to which any patron is permitted access for
any purpose;
2.
An operator's station shall not exceed thirty-two (32) square feet
of floor area;
3.
If the premises has two (2) or more operator's stations designated,
the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one (1) of the operator's stations;
4.
The view required under this Subsection shall be by direct line of
sight from the operator's station;
5.
It is the duty of the operator to ensure that at least one (1) employee
is on duty and situated in an operator's station at all times that
any patron is on the portion of the premises monitored by such operator
station; and
6.
It shall be the duty of the operator and of any employees present
on the premises to ensure that the view area specified in this Subsection
remains unobstructed by any doors, curtains, walls, merchandise, display
racks, or other materials or enclosures at all times that any patron
is present on the premises.
G.
Sexually
oriented businesses that do not have stages or interior configurations
which meet at least the minimum requirements of this Chapter shall
be given one hundred eighty (180) days after August 28, 2010, to comply
with the stage and building requirements of this Chapter. During such
one hundred eighty (180) day period, any employee who appears within
view of any patron in a semi-nude condition shall remain, while semi-nude,
at least six (6) feet from all patrons.
H.
No
operator shall allow or permit a sexually oriented business to be
or remain open between the hours of 12:00 Midnight and 6:00 A.M. on
any day.
I.
No
person shall knowingly or intentionally sell, use, or consume alcoholic
beverages on the premises of a sexually oriented business.
J.
No
person shall knowingly allow a person under the age of eighteen (18)
years on the premises of a sexually oriented business.
[R.O. 2011 §640.040; Ord. No. 00-1-2011, 2-21-2011]
This Chapter does not impose strict liability. Unless a culpable
mental state is otherwise specified herein, a showing of a knowing
or reckless mental state is necessary to establish a violation of
this Chapter. Notwithstanding any other provision of law to the contrary,
for purposes of this Chapter, an act by an employee shall be imputed
to the sexually oriented business for purposes of finding a violation
of this Chapter only if an officer, director, or general partner or
a person who managed, supervised, or controlled the operation of the
business premises knowingly or recklessly allowed such act to occur
on the premises. It shall be a defense to liability that the person
to whom liability is imputed was powerless to prevent the act.
[R.O. 2011 §640.050; Ord. No. 00-1-2011, 2-21-2011]
A.
Any person, business, or entity violating or refusing to comply with any provision of this Chapter shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished as specified in Section 100.220 of this Code. Each day that a violation is permitted to exist or occur, and each separate occurrence, shall constitute a separate offense.
B.
Any
premises, building, dwelling, or other structure in which a sexually
oriented business is repeatedly operated or maintained in violation
of this Chapter shall constitute a public nuisance and shall be subject
to civil abatement proceedings initiated by the City in a court of
competent jurisdiction. Each day that a violation is permitted to
exist or occur shall constitute a separate operation or maintenance
of the violation.
C.
Notwithstanding
the provisions of this Section, the City may employ to remedy a violation
of any provision of this Chapter.
