[R.O. 2004 § 615.010]
For the purposes of this Chapter and unless
the context plainly requires otherwise, the following words or phrases
shall have the meaning set out herein:
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any
type, including but not limited to talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing,
or any service offered for amusement on a premises where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons
or if the entertainment involves a person who is nude or in such attire,
costume or clothing as to expose to view any portion of human genitals,
pubic region, vulva, pubic hair, buttocks, female breast or breasts
below a point immediately above the top of the areola or nipple or
the human male genitals in a discernibly erect state, even if completely
and opaquely covered.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are
invited or admitted and wherein an entertainer provides adult entertainment
to a member of the public, a patron or member. Includes a sexually
oriented business as defined herein.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
EROTIC DANCE
Any dance performed by an erotic dancer in an erotic dance
establishment which emphasizes or seeks to arouse or excite a patrons
sexual desires.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
1.
The opening or commencement of any sexually
oriented business as a new business;
2.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
or
3.
The addition of any sexually oriented business
to any other existing sexually oriented business.
INFLUENTIAL INTEREST
Includes any of the following:
1.
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;
2.
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
3.
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.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
OPERATOR
Any person operating, conducting or maintaining an adult
entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial community, joint venture, governmental
entity, or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult entertainment
business.
SEXUALLY ORIENTED BUSINESS
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 as further defined by reference to the definition
of those terms as defined in Section 573.010, RSMo., or as may be
adopted in the City Code in a manner not inconsistent with Section
573.531, RSMo.
SPECIFIED ANATOMICAL AREAS
Means:
1.
Uncovered or exposed human genitals, pubic region
or pubic hair; or buttock; or female breast or breasts below a point
immediately above the top of the areola or nipple, or any combination
of the foregoing; or
2.
Human male genitals in a discernible erect state,
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
or any sadomasochistic abuse or acts, including animals or any latent
objects, in an act or apparent sexual stimulation or gratification.
VIEWING ROOM
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.
No person shall establish a sexually oriented business within
one thousand (1,000) feet of any preexisting primary or secondary
school, house of worship, state-licensed daycare facility, public
library, public park, residence, or other sexually oriented business.
This Section shall not apply to any sexually oriented business lawfully
established prior to August 28, 2010. For purposes of this Section,
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 preexisting primary or secondary school, house of worship,
state-licensed daycare facility, public library, public park, residence,
or other sexually oriented business.
[R.O. 2004 § 615.030]
It is unlawful for any person to work as an
entertainer, server or manager at an adult entertainment business
without first obtaining a license to do so from the City, or to work
as an entertainer, server or manager at an adult entertainment business
after such person's license to do so has been revoked or suspended.
[R.O. 2004 § 615.110]
All adult entertainment businesses shall permit
representatives of the Police Department or any other City Official
acting in their official capacity to inspect the premises as necessary
to insure the business is complying with all applicable regulations
and laws.
[R.O. 2004 § 615.140]
Following the entry of an order by the City
Clerk, suspending or revoking a license issued pursuant to this Chapter,
or disapproving the renewal application for a license, such licensee
or applicant may seek judicial review in a manner provided by law.
The City Clerk may stay enforcement of such order for a period of
time not to exceed thirty (30) days pending the filing and/or final
disposition of proceedings for judicial review.