Article I In General
Article II Permits
[R.O. 2006 §630.010; CC 1988 §3.5-1; Ord. No. 1211 §1, 5-25-1994]
Missouri Cities of the Fourth Class, Wentzville being such, have the authority, pursuant to the provisions of Section 79.450 et seq., RSMo., to enact ordinances for the reasonable regulation of adult businesses within its City limits in order to prohibit public indecencies and to provide for the public welfare.
[R.O. 2006 §630.020; CC 1988 §3.5-2; Ord. No. 1211 §2, 5-25-1994]
Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area.
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as those having serious objectionable operational characteristics, thereby having a deleterious effect upon adjacent areas, which could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse effect of such uses will not contribute to the blighting and downgrading of surrounding neighborhoods, whether residential or non-residential by location or concentration, and to ensure the stability of such neighborhoods.
[R.O. 2006 §630.030; CC 1988 §3.5-3; Ord. No. 1211 §3, 5-25-1994; Ord. No. 2055 §1, 1-14-2004]
The following definitions shall govern the interpretation of this Chapter:
- As used in this Chapter, refers to a person who has attained the age of eighteen (18) years.
- ADULT ENTERTAINMENT ESTABLISHMENTS
- Any establishment, including, but not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, or establishments providing live dancers or models, having as a material portion of its business the offering of entertainment, stocks in trade or materials, scenes or other presentations characterized by emphasis on depiction or descriptions of "specified sexual activities" or "specified anatomical areas" as herein defined.
- ADULT STORE
- An establishment having at least a ten percent (10%) portion of its stock in trade, books, photographs, magazines, adult videos, XXX videos, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
- DISPLAYS PUBLICLY
- Exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from the street, highway or public sidewalk, or from the property of others or from any portion of the person's store, or the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public.
- EXPLICIT SEXUAL MATERIAL
- Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals.
- To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit, or otherwise provide.
- Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects.
- Any person under the age of eighteen (18).
- The showing of postpubertal human genitals or pubic area, with less than a fully opaque covering.
- Any material or performance is obscene if, taken as a whole a reasonable person would find the material lacks serious literary, artistic, political or scientific value.
- Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.
- PORNOGRAPHIC FOR MINORS
- Any material or performance is pornographic for minors if the following apply: the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors.
- To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means including a computer.
- SEXUALLY EXPLICIT CONDUCT
- Actual or simulated:
- SPECIFIED ANATOMICAL AREAS
- Those areas of the human body specified in the definition of "nudity" above.
[R.O. 2006 §630.040; CC 1988 §3.5-4; Ord. No. 1211 §9, 5-25-1994; Ord. No. 2055 §1, 1-14-2004]
Age Restriction. Only adults as herein defined shall be permitted on the premises of any adult entertainment establishment as herein defined. No "minor", as defined herein, shall be allowed to perform or engage in contests within "adult entertainment establishments".
Exterior Display. No adult entertainment establishment shall be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance, or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. Further, no explicit sexual material merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
[R.O. 2006 §630.050; CC 1988 §3.5-5; Ord. No. 1211 §7, 5-25-1994]
A permittee shall have the premises supervised at all times when open for business. The permittee shall personally supervise the business, and shall not violate or permit others to violate, any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.
All permittees under the provisions of this Chapter shall keep and maintain on their premises a current register of all their employees showing such employee's name, address, age, sex, duties and permit number. Such register shall be open to the inspection at all reasonable times by any duly authorized officer of the City.
[R.O. 2006 §630.060; CC 1988 §3.5-6; Ord. No. 1211 §6, 5-25-1994]
Any duly authorized Police Officer of the City may, based upon a complaint, make an inspection of each adult entertainment establishment for the purpose of determining that the provisions of this Chapter are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
[R.O. 2006 §630.090; CC 1988 §3.5-31; Ord. No. 1211 §4, 5-25-1994]
Every applicant for a permit to maintain, operate or conduct an adult entertainment shall file an application with the City Clerk and pay an annual fee to the City Clerk of two hundred dollars ($200.00) which shall not be refundable or prorated and which shall be in addition to any other applicable tax, license or fee.
The applicant for a permit to operate an adult establishment shall set forth the exact nature of the establishment, the proposed place of business and facilities therefor, and the name, address, and telephone number of each applicant including any stockholder holding more than ten percent (10%) of the stock of the corporation, any partner and/or proprietor, and any manager. Each such person shall provide written proof that he/she is an adult, as defined herein.
[R.O. 2006 §630.100; CC 1988 §3.5-32; Ord. No. 1211 §5, 5-25-1994; Ord. No. 2055 §1, 1-14-2004]
After the filing of an application in proper form for a business permit or an employee permit, the City Clerk shall issue such permit within twenty-one (21) days following the application, unless the City Clerk finds that the applicant has knowingly made any false, misleading or fraudulent statement of fact in the application or has failed or refused to pay the required fee. Any occupancy permit and/or business license issued by the City of Wentzville may be conditioned upon compliance with this Chapter and such permit and/or license shall be subject to immediate revocation upon violation of this Chapter in order to protect the public welfare and restrict public indecencies.
[R.O. 2006 §630.110; CC 1988 §3.5-33; Ord. No. 1211 §8, 5-25-1994; Ord. No. 2055 §1, 1-14-2004]
Business and employee permits are not transferable, and such authority as a permit confers shall be conferred only on the permittee named therein.
Any applications made, fees paid, and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits, or licenses required to be paid or obtained under any other ordinances of this City.
No adult bookstore or adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any highway right-of-way, religious institution, school or public park or any property zoned for residential use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the highway right-of-way, religious institution, school or public park, or the property zoned for residential use. The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facility.