[Ord. No. 1582 § 4, 10-19-2016[1]]
It is the purpose of this Chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the residents of the City of Cottleville, 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 607 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 to the U.S. Constitution, 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.
[Ord. No. 1582 § 4, 10-19-2016]
The following definitions shall apply in interpretation and
enforcement of this Chapter, unless otherwise specifically stated:
The City Administrator or his/her designee.
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 (1) 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 sexually oriented materials for sale or
rental for any form of consideration. A principal business activity
exists where the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of sexually oriented materials; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of sexually oriented materials; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of sexually oriented materials; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of sexually oriented materials;
or
Maintains a substantial section of its interior business space
for the sale or rental of sexually oriented materials; 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.
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.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
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.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Includes any of the following:
The actual power to operate a sexually oriented business or
control the operation, management, or policies of a sexually oriented
business or legal entity which operates a sexually oriented business;
Ownership of a financial interest of thirty percent (30%) or
more of a sexually oriented business or of any class of voting securities
of a sexually oriented business; or
Holding an office, such as president, vice president, secretary,
treasurer, managing member, or managing director, in a legal entity
which operates a sexually oriented business.
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 less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
Any material or performance if, taken as a whole:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
Non-transparent clothing or other similar object or substance.
This term does not include body paint, body dyes, tattoos, liquid
latex, whether wet or dried, and other similar substances.
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. 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.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
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, and parking lots or parking garages, or both.
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.
The consistent and repeated doing of the act so described.
Flagellation or torture by or upon a person 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. 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;
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
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.
Actual or simulated, normal or perverted acts of human masturbation;
sexual intercourse; or physical contact with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female
in an act of apparent sexual stimulation or gratification or any sadomasochistic
abuse or acts including animals or any latent objects in an act of
apparent sexual stimulation or gratification.
A business or commercial establishment 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.
Any penetration, however slight, of the female genitalia
by the penis, or any act involving the genitals of one (1) person
and the hand, mouth, tongue, or anus of another person or a sexual
act involving the penetration, however slight, of the penis, female
genitalia, or the anus by a finger, instrument or object done for
the purpose of arousing or gratifying the sexual desire of any person
or for the purpose of terrorizing the victim.
Includes:
Magazines, books, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes, compact discs,
digital video discs, slides, other visual representations, or other
devices used to record computer images or other media which are characterized
by their emphasis upon the display of specified sexual activities
or specified anatomical areas.
Includes:
Includes 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 sexually oriented
materials.
[Ord. No. 1582 § 4, 10-19-2016]
The Administrator is authorized to inspect sexually oriented
businesses to determine compliance with this Chapter and to issue
licenses in accordance with this Chapter.
[Ord. No. 1582 § 4, 10-19-2016]
A.
It shall be unlawful for any person to own or operate a sexually
oriented business without a valid license issued therefor by the Administrator
in accordance with the provisions of this Chapter.
B.
A license issued under this Chapter shall be displayed at all times
in an open and conspicuous place in the sexually oriented business
for which it was issued.
C.
A license issued pursuant to this Chapter shall be valid for one
(1) year from date of issue. However, any license issued pursuant
to this Chapter may be suspended or revoked at any time for failure
to comply with the regulations contained in this Chapter.
D.
A license issued under the provisions of this Chapter shall not be
transferred to another person nor shall a single license authorize
the operation of more than one (1) sexually oriented business. The
location of the one (1) sexually oriented business being licensed
shall be designated in the application.
[Ord. No. 1582 § 4, 10-19-2016]
A.
Application for a license under this Chapter may be made by submitting
to the Administrator a completed application in such form as may be
prescribed by the Administrator to ensure compliance with this Chapter,
along with a check or money order in the amount of three hundred seventy-five
dollars ($375.00) for an initial license and two hundred fifteen dollars
($215.00) for a renewal license. Application forms may be obtained
from the City Clerk. The Administrator is authorized to utilize the
Cottleville Police Department, the City Engineer or any department
or division of the City of Cottleville which in the opinion of the
Administrator may provide information pertinent to the sufficiency
of the application for license.
B.
The Administrator shall notify any applicant for a license within
thirty (30) days of receiving the completed application whether the
license shall be issued or denied.
C.
No license shall issue for any sexually oriented business if:
1.
The proposed location of said business is within one thousand
(1,000) linear feet from any of the following pre-existing land uses,
which have been determined by the Board of Aldermen to be inconsistent
with the operation of a sexually oriented business, measured 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
land use:
2.
A person with an influential interest in the sexually oriented
business has been found guilty of any of the following specified offenses,
including ordinance violations, 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:
a.
Rape and sexual assault offenses;
b.
Sexual offenses involving minors;
c.
Offenses involving prostitution;
d.
Obscenity offenses;
e.
Offenses involving money laundering;
f.
Offenses involving tax evasion;
g.
Any attempt, solicitation, or conspiracy to commit one (1) of
the offenses listed in Subdivisions (a) to (f) of this Subsection;
or
h.
Any offense committed in another jurisdiction which if committed
in the State of Missouri would have constituted an offense listed
in Subdivisions (a) to (g) of this Subsection.
D.
A sexually oriented business in operation at the time this Chapter
is enacted that has submitted to the Administrator a properly completed
application for a license and licensing fee may continue to operate
until such time as the applicant is notified of the denial or revocation
of any license issued or to be issued pursuant to this Chapter. Applications
shall be made within twenty-one (21) days of the date this Chapter
becomes effective, and failure so to apply shall be construed as a
voluntary relinquishment of any right to operate such sexually oriented
business.
E.
The Administrator shall issue a license if the information submitted
in the application, along with any other pertinent information available
to the Administrator, demonstrates that the business to be licensed
complies with the provisions of this Chapter.
[Ord. No. 1582 § 4, 10-19-2016]
Licensees desiring to renew current licenses shall, not less
than ten (10) days prior to the expiration of the license, file with
the Administrator an application for renewal. Upon payment of the
license fee as provided for herein, the Administrator shall renew
the license for an additional license year if the conditions under
which the original license was issued have not changed.
[Ord. No. 1582 § 4, 10-19-2016]
The Administrator shall quarterly inspect any sexually oriented
business within the City to determine compliance with any of the provisions
of this Chapter. The fee for such inspections shall be eighty dollars
($80.00) per inspection. The Administrator may request the assistance
of the Cottleville Police, the St. Charles County Department of Community
Health and the Environment, or any department or division of the City
of Cottleville which the Administrator deems useful in making such
inspections as the Administrator deems necessary.
[Ord. No. 1582 § 4, 10-19-2016]
A.
It shall be unlawful for any owner or operator of a sexually oriented
business to:
1.
Promote, furnish or display any obscene material or performance;
2.
Promote, furnish or display child pornography as that term is
defined in Section 573.010, RSMo. (2000 as amended);
3.
Promote, furnish or display to a minor any material that is pornographic for minors, as defined in Section 210.490;
4.
Display or promote sexually oriented material so that it is
visible from outside the premises;
5.
Employ at the sexually oriented business any person who:
6.
Make a false statement on the application for a license.
B.
No person shall knowingly or intentionally, in a sexually oriented
business, appear in a state of nudity.
C.
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.
D.
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.
E.
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.
F.
No person shall knowingly or intentionally sell, use, or consume
alcoholic beverages on the premises of a sexually oriented business.
G.
No person shall knowingly allow a minor on the premises of a sexually
oriented business.
[Ord. No. 1582 § 4, 10-19-2016]
A.
A sexually oriented business which exhibits on the premises in a
viewing room of less than one hundred fifty (150) square feet of floor
space, 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.
Each application for a license shall contain a diagram of the
premises showing the location of all of the operators' stations,
viewing rooms, lighting fixtures, video cameras and monitors installed
for monitoring purposes and restrooms and shall designate all portions
of the premises in which patrons will not be permitted. Restrooms
shall not contain video reproduction equipment. The diagram shall
also designate the place at which the license will be conspicuously
displayed, if granted. A professionally prepared diagram in the nature
of an engineer's or architect's blueprint shall not be required;
however, each diagram shall be oriented to the north or to some designated
roadway or object and shall be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions
of all areas of the interior of the premises to an accuracy of plus
or minus six (+/-6) inches. The Administrator may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared. The application
shall be certified to be true and correct by the applicant and no
alteration in the configuration or location of an operator's
station or viewing room may be made without the prior approval of
the Administrator.
2.
The premises must contain an operator's station that 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.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to ensure 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, to ensure that each viewing room is visible from a continuous
main aisle at all times that any patron is present on the premises
and to ensure that no patron is permitted access to any area of the
premises which has been designated in the application as an area in
which patrons will not be permitted. It shall be the duty of the operator
and of any employees of the licensee at the premises to ensure that
the view areas specified in this Subparagraph (4) remain 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.
6.
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.
7.
The interior premises, with the exception of any viewing rooms
and the aisles contiguous to each viewing room, shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate
every place to which patrons are permitted access at an illumination
of not less than one (1) foot-candle as measured at floor level. Each
viewing room and the aisles contiguous to such viewing room shall
be illuminated with lighting fixtures of sufficient intensity to provide
an illumination of not less than three-fourths (3/4) foot-candle as
measured at three (3) feet above floor level. It shall be the duty
of the licensee to ensure that the illumination described above is
maintained at all times that the premises are open for business.
8.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to ensure that no act of
sexual conduct occurs in or on the premises.
9.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to ensure that not more
than one (1) person is present in a viewing room at any time.
10.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to ensure that no openings
of any kind exist between viewing rooms and to make regular inspections
for the purpose of so ensuring.
11.
The licensee shall post conspicuous signs or notices advising
patrons that no act of sexual conduct is permitted on the premises,
and that not more than one (1) person is permitted in a viewing room
at any time, and that no openings of any kind are permitted to exist
or to be made between viewing rooms.
12.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to ensure that all wall
surfaces, seating surfaces and floor coverings in viewing rooms, or
any room or area providing patron privacy, are constructed of, or
permanently covered by, non-porous, easily cleanable materials, with
no rugs or carpeting.
13.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to ensure that the premises
are clean and sanitary at all times. Cleaning procedures shall include
all of the following.
a.
The licensee shall maintain a regular cleaning schedule, documented
by appropriate logs, and shall employ sufficient personnel to ensure
the premises are clean.
b.
The licensee shall provide an employee to check all areas for
garbage, trash, bodily fluids and excrement and to remove and clean
all areas with a disinfectant. All solid waste generated by the business
shall be collected from the premises for lawful disposal at least
twice weekly. Prior to collection, solid waste shall be stored in
a manner that prevents access by animals or members of the public
and will not facilitate the creation of a public nuisance.
c.
Thorough cleaning of the entire interior of any room providing
patron privacy shall be done using a disinfectant. Cleaning shall
include floors, walls, doors, seating, monitors, video cameras, windows
and other surfaces.
14.
It shall be the duty of the licensee to ensure that any seating
within a viewing room is designed to accommodate one (1) person only.
15.
It shall be the duty of the licensee to provide in a conspicuous
place on the premises free information relating to the prevention
of sexually transmitted diseases, including AIDS.
16.
It shall be the duty of the licensee, the operator and of any
employees of the licensee at the premises to monitor the number of
occupants in a viewing room.
[Ord. No. 1582 § 4, 10-19-2016]
A.
Violation of any of the provisions contained in this Chapter shall
be punishable by:
B.
The provisions of this Chapter do 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, 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.
C.
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 the remedies and procedures set forth in Section 215.010. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.
