Definitions. For the purposes of
this Section the following terms shall be deemed to have the meaning
indicated below:
ADULT BOOKSTORE or ADULT VIDEO STORE
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 principal business
activity exists where the commercial establishment:
1.
Has a substantial portion of its displayed merchandise which
consists of such items;
2.
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items;
3.
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items;
4.
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items;
5.
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
6.
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 (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.
ADULT ENTERTAINMENT FACILITY
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, video tapes or films
predominately distinguished or characterized by their principal emphasis
on matters depicting, describing, or relating to specified sexual
activities, as said term is defined herein, and exotic dance facilities
(regardless of whether the theater or facility provides a live presentation,
video tape or film presentation), where the patrons either engage
in personal contact with or allow personal contact by employees, devices
or equipment, or by personnel provided by the establishment which
appeals to the prurient interest of the patrons; or observe any live
presentation, video tape or film presentation of persons wholly or
partially nude with their genitals or pubic region exposed or covered
only, with the areola and nipple of the breast exposed or covered
only with transparent or opaque covering or to observe specified sexual
activities as said term is defined herein.
BATHHOUSE
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
MASSAGE THERAPIST
A health care practitioner who provides or offers to provide
massage therapy, as provided in Sections 324.240 to 324.275, RSMo.,
to any person at no cost or for a fee, monetary or otherwise, implying
that the massage therapist is trained, experienced and licensed in
massage therapy, and who holds a current, valid license to practice
massage therapy.
MASSAGE THERAPY
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows, or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law, or to those occupations
defined in Chapter 329, RSMo.
SEMI-NUDE MODELING STUDIO
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:
1.
By a college, junior college, or university supported entirely
or partly by taxation;
2.
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
3.
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 (3) days in advance of the class.
SPECIFIED SEXUAL ACTIVITY
Includes any 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 Subsection
(1) of this definition.