[R.O. 1988 § 42-420; Ord. No. 4762, 10-2-2023]
1. 
It is the purpose of this Section to regulate the display of explicit sexual material and sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of Rolla, Missouri, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City.
2. 
The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including explicit sexual materials. Similarly, it is not the intent nor effect of this Section to restrict or deny access by adults to explicit sexual materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Section to condone or legitimize the distribution of obscene or offensive material of a sexual nature.
3. 
Based on evidence concerning the adverse secondary effects of sexually oriented businesses on communities as outlined in numerous studies/reports generally available for consideration, and on findings incorporated in a series of cases as found and included herein by reference to the IMLA Model Ordinance on Sexually Oriented Business Regulation, the City Council finds that:
a. 
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
b. 
Employees of certain sexually oriented businesses engage in higher incidences of certain types of illicit sexual behavior than employees of other establishments and that by offering or providing such locations may thereby create unhealthy conditions, unless properly regulated.
c. 
At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infections (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
d. 
The number of cases of sexually transmitted diseases has been on the rise or remain at high levels in the United States.
e. 
The findings noted above raise substantial governmental concerns by establishing that sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect the public interest and to address substantial governmental concerns.
f. 
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented business is managed in a way consistent with the health, safety, and welfare of its patrons and employees, as well as the general public. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
g. 
Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
h. 
Requiring licensees of sexually oriented businesses to keep information regarding current employees and past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
i. 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
j. 
In the prevention of the spread of communicable diseases, it is desirable to obtain a limited amount of information regarding certain employees who may engage in conduct that this Section is designed to prevent, or who are likely to be witnesses to such conduct.
k. 
The fact that an applicant for a sexually oriented business license who has been convicted of a sexually related offense leads to the rational assumption that the applicant may engage in that conduct in contravention of this Section.
l. 
The barring of such individuals from the management of sexually oriented businesses serves as a deterrent to, and prevents conduct that leads to the transmission of sexually transmitted diseases.
m. 
The general welfare, health, morals, and safety of the citizens of Rolla, Missouri, will be promoted by the enactment of this Division.
[R.O. 1988 § 42-421; Ord. No. 4762, 10-2-2023]
Words and phrases contained in this Division shall be deemed to have certain meanings, as follows:
ADULT CABARET
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.
ADULT ENTERTAINMENT
Any live or recorded exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, massaging, 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, to include, but not limited to, establishments commonly known as gentlemen's clubs, juice bars, and adult book stores, etc.
DISPLAY
1. 
To expose in whole or in part; or
2. 
To permit an unfolding, viewing or examination.
EMPLOYEE
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.
ENTERTAINER
Any person who provides adult entertainment within a sexually oriented business premises as defined in this Section whether or not a fee is charged or accepted for entertainment.
EXPLICIT SEXUAL MATERIAL
Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
KNOWINGLY
Having knowledge of the character and content of any material described herein or failure on notice to exercise reasonable inspection, which would disclose the content and character of the same.
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 sexually oriented premises.
MATERIAL
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.
OPERATOR
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.
PERSON
Any individual partnership, corporation, trust, incorporated or unincorporated association marital community joint venture, governmental entity, or other entity or group of persons however organized.
PREMISES
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.
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.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SERVER
Any person who serves food or drink at an sexually oriented business.
SEXUAL CONDUCT
Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; 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.
SEXUALLY ORIENTED BUSINESS
Includes:
1. 
An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means 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, video cassettes, 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:
a. 
Has a substantial portion of its displayed merchandise which consists of such items; or
b. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
e. 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
f. 
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 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;
2. 
An adult cabaret;
3. 
An adult motion picture theater. "Adult motion picture theater" means 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;
4. 
A semi-nude model studio. "Semi-nude model studio" means 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:
a. 
By a college, junior college, or university supported entirely or partly by taxation;
b. 
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
c. 
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 days in advance of the class;
5. 
A sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude.
SPECIFIED ANATOMICAL AREAS
1. 
Less than completely and opaquely covered: human genitals, pubic region, buttock and female below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
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.
SUBSTANTIAL BUSINESS PURPOSE
1. 
Ten percent (10%) or more of the gross floor area is devoted to that purpose; or
2. 
Ten percent (10%) or more of the retail floor space is devoted to that purpose; or
3. 
Ten percent (10%) or more of the gross sales of the business are derived from that purpose.
[R.O. 1988 § 42-422; Ord. No. 4762, 10-2-2023]
1. 
It shall be unlawful for any person to operate or maintain a sexually oriented business in the City unless the owner, operator or lessee thereof has obtained a sexually oriented business license and any required zoning approvals from the City, or to operate such business after such license has been revoked or suspended by the City.
2. 
It shall be unlawful for any person to knowingly work as an entertainer, server or manager at a sexually oriented business unless said business is licensed in the City.
3. 
It shall be prima facia evidence that any sexually oriented business that fails to post the required sexually oriented business license in the manner prescribed herein shall be operating unlawfully. In addition it shall be prima facia evidence that any entertainer, employee or manager who performs any service or entertainment in a sexually oriented business in which an adult business license is not posted as specified herein, shall have knowledge that such business is not licensed.
4. 
Any licensed sexually oriented business shall be deemed to have consented to a periodic inspection of the business premises by appropriate City officials. This inspection shall take place during hours when such sexually oriented business is open to the public, unless otherwise requested by the sexually oriented business, and shall not unreasonably interfere with the conduct of such business.
5. 
It is unlawful for any person to work as an entertainer, server or manager at a sexually oriented business without first obtaining a license to do so from the City, or to work as an entertainer, server or manager at a sexually oriented business after such person's license to do so has been revoked or suspended.
6. 
The license year for all fees required under this Chapter shall be from January 1 through December 31.
a. 
The classification of licenses and fees for each shall be as follows:
i. 
Sexually oriented business license fee is five hundred dollars ($500.00) per year.
ii. 
Sexually oriented business manager's license fee is fifty dollars ($50.00) per year.
iii. 
Adult entertainer's license fee is twenty dollars ($20.00) per year.
iv. 
Sexually oriented business server's license fee is twenty dollars ($20.00) per year.
b. 
The application is not complete until the fee is paid. Licenses are for specific locations as indicated on the license and are non-transferable. Any change in the type of sexually oriented business shall invalidate the adult business license. No more than one (1) sexually oriented business may occupy a business premises at one (1) time.
7. 
No person shall establish a sexually oriented business if a person with an influential interest in the sexually oriented business has been found guilty of any of the following specified offenses 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 of the offenses listed in Subsections (7)(a) to (f); or
h. 
Any offense committed in another jurisdiction which if committed in this State would have constituted an offense listed in Subsections (7)(a) to (g) of this Section.
8. 
Upon receipt of a complete application for an sexually oriented business license, the Finance Department shall transmit one (1) copy of the application to the Police Department for investigation of the application and one (1) copy to the Community Development Department.
9. 
It shall be the duty of the Police Chief or a designee to investigate the application to determine whether the information contained therein is accurate and whether the applicant has qualified to be issued the license. The results of this investigation shall be forwarded to the Finance Department no later than ten (10) working days from the application date.
10. 
It shall be the duty of the Director of Community Development to determine compliance with the requirements of this Section and the applicable Health, Zoning, Building Code, Fire and Property Maintenance ordinances of the City. The Director shall provide their report to the Finance Department within ten (10) working days from the application date.
11. 
Upon receipt of these reports, the Finance Department shall either issue or deny the license; provided, the license applications for sexually oriented businesses, entertainers, servers, and managers shall be approved or disapproved within forty-five (45) days from the filing date. If the license is disapproved, the applicant shall be notified, in writing, by certified mail to the applicant's last known address, and the notification shall state the basis for disapproval.
12. 
Any person found to be in violation of any provision of this Code, though they may have been previously issued a license as provided herein shall have their license revoked immediately forthwith. Prior to revocation said licensee shall have notice of said violations, and the matter of revocation shall be placed before the next regularly scheduled meeting of the City Council for hearing. Should the City Council find said violations did occur, and upon motion of the City Council after hearing, the revocation shall be issued from the City Clerk, all licenses previously issued surrendered, for a period of one (1) year unless the City Council may by motion direct a shorter time.
[R.O. 1988 § 42-423; Ord. No. 4762, 10-2-2023]
1. 
Display. It is unlawful for a person knowingly to:
a. 
Display any explicit sexual material or sadomasochistic abuse at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
b. 
Permit or authorize the display of any explicit sexual material or sadomasochistic abuse at newsstands or any other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
c. 
When requested by the Police Department of the City, to fail to promptly remove from display from property in their possession or under their control, any explicit sexual material or sadomasochistic abuse, at newsstands or other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public.
2. 
Removal. Where it appears that this Section or any part of this Section is being or about to be violated, the Mayor or City Attorney of the City of Rolla, may commence and maintain, in the name of the City, an action in the Circuit Court to enjoin the display of any explicit sexual material. No provisions of this Section shall be construed to prohibit the prosecution for violation of the provisions of this Section in the Municipal Court.
3. 
Penalty. Any person violating this Section shall be deemed guilty of an ordinance violation, and upon conviction thereof, shall be punished in accordance with Section 42-160 of this Chapter.
4. 
Employees. No employee of any business responsible for selling or renting sexually explicit material shall be less than eighteen (18) years of age.
5. 
Restrictions. Nothing in this Section shall be construed so as to prohibit or restrict any political subdivision or any department, agency, office or facility thereof, or any employee or agent thereof when engaged in the performance of their official duties, or any person in the conduct of a legitimate activity for bona fide educational, scientific or medical purposes.
6. 
Design. The facility shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No business activities shall take place outside the sexually oriented business visible from the exterior.
7. 
Signage. The facility in which such a use is located shall be limited to one (1) wall-mounted advertising 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 roof line of the building. No flashing lights and/or lighting that leaves the impression of motion or movement shall be permitted.
8. 
Merchandise Display. No 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.
9. 
Lighting. Lighting in the parking area must provide a minimum light level of twenty-five hundredths (0.25) foot-candles over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line. The interior premises of sexually oriented businesses must be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
10. 
Conduct. No owner, operator, manager or other person in charge of the premises of a sexually oriented business premises shall:
a. 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, (unless otherwise permitted pursuant to Chapter 4, Alcoholic Beverages, of the City Code).
b. 
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises.
c. 
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises in any capacity as entertainer, server or customer.
d. 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises.
e. 
Knowingly allow or permit a violation of this Section or any other City ordinance provision or State law.
11. 
Hours Of Operation. Hours of operation shall not exceed 10:00 A.M. to 1:00 A.M.
12. 
Standards Of Conduct. The following standards of conduct shall be used by all sexually oriented business licensees, their employees and all sexually oriented business managers, servers and entertainers and patrons of sexually oriented businesses while on or about the premises of the establishment:
a. 
Any manager, server or entertainer issued a license by the City under the provisions of this Section shall, at all times while working in a sexually oriented business, have in their possession a valid identification card issued by the City, bearing the permit number, the signature of the City Clerk, individual's name, age, weight, eye color, and height. Such card shall be laminated to prevent alteration.
b. 
No manager, employee, server, entertainer or patron in a sexually oriented business, other than a licensed bath house, shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any "specified anatomical area."
c. 
No manager, employer, server, entertainer or patron of a sexually oriented business shall perform any "specified sexual activities," wear or use any device or covering exposing to view an image that simulates any "specified anatomical areas," use artificial devices or other objects to perform or depict any "specified sexual activities," or participate in any act of prostitution.
d. 
No manager, employee, server, entertainer or patron of a sexually oriented business shall knowingly touch, fondle or caress any "specified anatomical area" of another person whether such "specified anatomical area" is clothed, unclothed, covered or exposed to view.
e. 
A manager shall be on duty at all times on the premises when the sexually oriented business is open. The manager shall verify that any person who provides adult entertainment or works as a server possesses a current and valid adult entertainment license. It shall also be the manager's duty to ensure that no person under the age of eighteen (18) enters the premises.
13. 
Sanitation. The premises of all sexually oriented businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
14. 
Performances. Performances shall always take place on a stage of at least twenty-four (24) inches above the floor level of the audience. Entertainers shall be at least ten (10) feet from customers and shall not touch customers or be touched by customers. Customers shall not be permitted on the stage at any time. No entertainer shall be permitted to demand or collect any payment or gratuity from any employee or patron of the sexually oriented business.
15. 
Visibility. The premises of all sexually oriented businesses shall be physically arranged so that the entire interior portion of any booths, cubicles, room or stalls are visible from a common area. The use of video cameras to meet this requirement is not allowed. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction. The manager shall be required to position themself so as to be able to view the entire interior portion of the premises while on duty.
16. 
License Posting. Every person, corporation, partnership, or association licensed under this Chapter as a sexually oriented business shall post such license in a conspicuous place and manner on the premises of the business.
17. 
Required Signage. All sexually oriented businesses shall have conspicuously displayed in the common area at the entrance to the premises a sign of which uppercase letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which read as follows:
"THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND LICENSED BY THE CITY OF ROLLA, MISSOURI,
ENTERTAINERS ARE:
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron, or other entertainer or to permit any employee, patron, or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and or genitals.
Not permitted to demand or collect any payment or gratuity from any patron for entertainment.
Not permitted to perform, except on a stage of at least twenty-four (24) inches above the floor level of the audience and to maintain at least a ten-foot separation from any patron at all times while performing.
PATRONS ARE:
Not permitted to be upon the stage at any time.
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution."
18. 
Location. No sexually oriented business is permitted to locate:
a. 
Within an area circumscribed by a circle which has a radius of seven hundred fifty (750) feet, as measured by a straight line drawn from the lot line of any proposed sexually oriented business, to any residential zoning district, school, park, or church.
b. 
Within one thousand (1,000) feet of any other sexually oriented business for which there is a license issued.