[Ord. No. 512, 8-11-2021]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted.
[Ord. No. 512, 8-11-2021]
Any business enterprise that has as a regular and substantial
business purpose the sale, display or rental of goods that are designed
for use in connection with "specified sexual activities," or that
emphasize matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas"; or
Any business enterprise that has one (1) of the following as
a regular and substantial business purposes:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display "specified
anatomical areas" or "specified sexual activities," or
The providing of services that provide "specified sexual activities"
or "specified anatomical areas" ancillary to other pursuits, or allow
participation in "specified sexual activities" ancillary to other
pursuits.
The definition of "adult business" also includes, but is not
limited to, any and all of the following, as defined herein:
Businesses that offer the following described goods for sale
or rent:
Adult retail establishments means an establishment which as
a regular and substantial business purpose, offers for sale or rent,
any one (1) or more of the following: instruments, devices, gifts
or more of the following: instruments, devices, gifts or paraphernalia
which are designed for use in connection with "specified sexual activities"
or clothing that graphically depicts "specified anatomical areas"
or any of the materials sold or rented in an adult bookstore as defined
herein.
Adult bookstore means an establishment which as a regular and
substantial business purpose, offers for sale or rent, books, magazines,
periodicals or other printed matter, photographs, slides, films or
videotapes, which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas."
Adult newsrack means any coin or card operated device that offers
for sale by dispensing printed material, which is distinguished or
characterized by its emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas."
Adult newsstand means a freestanding structure, vehicle or booth
which as a regular and substantial business purpose, offers for sale,
books, magazines, periodicals or other printed matter, which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas."
Businesses that provide the following entertainment:
Adult entertainment business means any enterprise to which the
public, patrons or members are invited or admitted, and where providing
"adult entertainment" as defined herein, is a regular and substantial
portion of its business.
Adult motion picture theater means an establishment containing
a room with seats facing a screen or projection areas, where a regular
and substantial portion of its business is the exhibition to customers
of films, videotapes, or motion pictures which are intended to provide
sexual stimulation or sexual gratification to the customers and which
are distinguished by or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas."
Adult theater means an establishment located in an enclosed
building where a regular and substantial portion of its business is
providing the live performance of activities relating to "specified
sexual activities" or exhibition of "specified anatomical areas" or
live performers, for observation by customers and patrons.
Adult entertainment cabaret means an establishment where a regular
and substantial portion of its business is providing adult entertainment
which features strippers, male or female impersonators, go-go dancers,
or live performances; or material which is primarily characterized
by an emphasis on "specified sexual activities" or "specified anatomical
areas."
Adult entertainment studio (includes the terms rap studio, exotic
dance studio, sensitivity studio or encounter studio) means an establishment
whose premises is physically arranged as to provide booths, cubicles,
rooms, compartments or stalls separate from the common areas of the
premises, and where a regular and substantial portion of its business
is providing entertainment which features materials or live performances
characterized by an emphasis on or features materials relating to
"specified sexual activities" or the exhibition of "specified anatomical
areas."
Adult encounter parlor means an establishment where a regular
and substantial portion of its business is the provision of premises
where customers congregate, associate, or consort with employees and/or
performers or private contractors who display "specified anatomical
areas" in the presence of such customers, with the intent of providing
sexual gratification or stimulation to such customers.
Body painting studio means an establishment where a regular
and substantial portion of its business is the maintaining, operating,
or offering for compensation the applying of paint or other substance
to or on the human body by any means of application, technique or
process when the subject's body is displaying for the customers
view "specified anatomical areas."
Businesses that provide the following described services:
Bath house means an enterprise where a regular and substantial
portion of its business is offering baths with other persons present
who are nude or displaying "specified anatomical areas."
Adult motel means an enterprise where a regular and substantial
portion of its business is offering public accommodations for consideration
for the purpose of viewing closed circuit television transmissions,
films, motions pictures, video cassettes, slides or other photographic
reproductions which are distinguished or characterized by an emphasis
on the depiction or description of "specified sexual activities" or
"specified anatomical areas" and rents room accommodations for less
than six (6) hours at a time.
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 the 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.
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 a member.
Those diseases which are set out in the Code of State Regulations
established by the State of Missouri.
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.
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.
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.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.
Any place of business of an adult business which shall include
the entire lot and building occupied by the adult business and any
other property owned, leased or controlled by the adult business including
any parking areas adjacent to the business which are regularly utilized
by employees, entertainers, servers, managers or customers of such
business.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
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 encircling the nipple, or any combination
of the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
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.
