City of Shrewsbury, MO
St. Louis County
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Table of Contents
Table of Contents

Section 611.010 Definitions.

[Ord. No. 2376 §1, 11-11-2003]
The following words, when used in this Chapter, shall have the meanings set out below:
ADULT OR SEXUALLY ORIENTED BUSINESS
Any business which offers its patrons goods of which a substantial portion are sexually oriented materials. Any business where more than ten percent (10%) of display space is used for sexually oriented materials shall be presumed to be an adult business.
ADULT OR SEXUALLY ORIENTED MATERIAL
Any device or any other items intended to provide sexual stimulation or sexual gratification to the customer including, but not limited to, any book, magazine, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, video, pictorial representation, statue, figure or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female, whether alone or between members of the same or opposite sex, or between humans and animals, in an act of apparent sexual stimulation or gratification.

Section 611.020 Certain Acts Prohibited.

[Ord. No. 2376 §1, 11-11-2003]
A. 
It shall be unlawful for any owner or operator of an adult or sexually oriented business to:
1. 
Purvey or display any obscene material in violation of Article XIII of the Municipal Code of the City of Shrewsbury as amended;
2. 
Purvey or display child pornography as that term is defined in Section 573.010, RSMo. (1994 as amended);
3. 
Purvey or display to a person under the age of eighteen (18) any sexually oriented material;
4. 
Display or promote adult or sexually oriented material so that it is visible from outside the premises or allow for the viewing of adult or sexually oriented material, whether by drawing, photograph, motion picture film, video or other pictorial representation, in any public, private, or semi-private viewing area on the premises;
5. 
Employ at the adult or sexually oriented business any person who:
a. 
Has been convicted of violating the provisions of Articles XI, XII and XIII of the Municipal Code of the City of Shrewsbury or Chapters 706 or 713, SLCRO 1974, as amended, Chapters 566, 567, 568 or 573, RSMo. (1994 as amended) or has been convicted of any offense which if committed in the City of Shrewsbury, St. Louis County or the State of Missouri would constitute such offenses;
b. 
Is under the age of eighteen (18);
c. 
Make a false statement on the application for a license.

Section 611.030 Administration.

[Ord. No. 2376 §1, 11-11-2003]
The City of Shrewsbury is authorized to inspect an adult or sexually oriented businesses to determine compliance with this Chapter and to issue licenses in accordance with this Chapter.

Section 611.040 License Required.

[Ord. No. 2376 §1, 11-11-2003]
A. 
It shall be unlawful for any person to own or operate an adult or sexually oriented business without a valid license issued therefor by the City 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 adult or 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) adult or sexually oriented business. The location of the one (1) business being licensed shall be designated in the application.

Section 611.050 Adult or Sexually Oriented Business Regulations.

[Ord. No. 2376 §1, 11-11-2003]
A. 
The interior premises shall be equipped with overhead lighting fixtures 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 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.
B. 
It shall be the duty of the licensee and of any employees of the licensee at the premises to ensure that no act of sexual intercourse, oral sexual contact or sexual contact, including masturbation, occurs in or on the licensed premises.
C. 
The licensee shall post conspicuous signs or notices advising customers that no act of sexual intercourse, oral sexual contact or sexual contact, including masturbation, is permitted on the premises.

Section 611.060 Application For License.

[Ord. No. 2376 §1, 11-11-2003]
A. 
Application for a license under this Chapter may be made by submitting to the City a completed application in such form as may be prescribed by the City to ensure compliance with this Chapter. Application forms may be obtained from the Department of Administration. The City is authorized to utilize the Police Department of the City of Shrewsbury, the St. Louis County Police Department, the Missouri Highway Patrol or any other appropriate governmental agency (local, State or Federal) which may provide information pertinent to the sufficiency of the application for license.
B. 
The City 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 adult or 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 of the City of Shrewsbury to be inconsistent with the operation of an adult or sexually oriented business, measured in a straight line from the nearest property line to the nearest property line;
a. 
Any "R" Residence District ("RI", "R2" or "R3");
b. 
A church, chapel or place of religious worship;
c. 
A public or private school;
d. 
A public or private university or college;
e. 
A hospital or nursing home;
f. 
A licensed day care for children;
g. 
A public park;
h. 
A cultural institution, such as a museum or library;
i. 
A pre-existing sexually oriented business; or
2. 
The applicant has been convicted of any of the offenses set out in Articles XI, XII and XIII of the Municipal Code of the City of Shrewsbury.
D. 
A sexually oriented business in operation at the time this Chapter is enacted that has submitted to the City 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 adult or sexually oriented business.
E. 
The City shall issue a license if the information submitted in the application, along with any other pertinent information available to the City, demonstrates that the business to be licensed complies with the provisions of this Chapter.

Section 611.070 Renewal of License.

[Ord. No. 2376 §1, 11-11-2003]
Licensees desiring to renew current licenses shall, not less than ten (10) days prior to the expiration of the license, file with the City an application for renewal. Upon payment of the license fee as provided for herein, the City shall renew the license for an additional license year if the conditions under which the original license was issued have not changed.

Section 611.080 Suspension and Revocation of Licenses.

[Ord. No. 2376 §1, 11-11-2003]
The City, after public hearing, may suspend or revoke any license issued under this Code for violations of this Code.

Section 611.090 Appeal From Denial, Suspension or Revocation.

[Ord. No. 2376 §1, 11-11-2003]
An applicant who has been denied either an initial license or a renewal license or whose license has been suspended or revoked may appeal the City's decision by filing a written notice of appeal within ten (10) days of the denial. The City shall call for a public hearing of the appeal within ten (10) days of receipt of such notice of appeal and shall issue a decision thereon within five (5) working days of the public hearing. An applicant aggrieved by the City's decision may file a written notice of appeal to the Board of Aldermen of the City of Shrewsbury within ten (10) days of the final decision of the City. The Board of Aldermen of the City of Shrewsbury shall schedule a public hearing of such appeal within two (2) weeks of filing of the written notice of appeal or as soon thereafter as is possible if the Board of Aldermen of the City of Shrewsbury is not in session when the notice of appeal is filed. The Board of Aldermen of the City of Shrewsbury shall affirm the decision of the City if it finds by clear and convincing evidence that the conditions pertinent to issuance of a license have not been met. An applicant aggrieved by any decision shall have the right to seek judicial review at any time during the process as is permitted by applicable State law.

Section 611.100 Inspection.

[Ord. No. 2376 §1, 11-11-2003]
The City shall quarterly inspect any adult or sexually oriented business within the City's authority to determine compliance with any of the provisions of this Chapter. The fee for such inspections shall be twenty-five dollars ($25.00) per inspection. The City may request the assistance of any appropriate City department or any County, State or Federal agency which the City Administrator deems useful in making such inspections as the City Administrator deems necessary.

Section 611.110 Signage.

[Ord. No. 2376 §1, 11-11-2003]
A. 
It shall be unlawful for the owner or operator of an adult or sexually oriented business to erect, construct or maintain any sign for the sexually oriented business except for one (1) primary, as provided herein.
B. 
Primary signs shall have no more than two (2) display surfaces which shall:
1. 
Not contain any flashing lights;
2. 
Be a flat plane, rectangular in shape;
3. 
Not exceed sixty (60) square feet in area;
4. 
Not exceed ten (10) feet in height or ten (10) feet in length;
5. 
Not contain a photograph, silhouette, drawing or pictorial representation of any kind and may display only the name of the adult or sexually oriented business and one (1) or more of the following: "adult bookstore", "adult novelties", "adult entertainment".
6. 
Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises, or any other terminology that is commonly used to identify or is associated with the presence of an adult or sexually oriented business shall comply with the restrictions of this Section. The intent of this Subsection is to prevent the use of the signage identifying the commercial multi-use center itself as a subterfuge to evade the restrictions on adult or sexually oriented business signs set forth in this Section.

Section 611.120 Enforcement.

[Ord. No. 2376 §1, 11-11-2003]
A. 
The City may sue in the Circuit Court of St. Louis County, Missouri, for an injunction to prohibit the violation of any of the provisions in this Chapter.
B. 
Violation of any of the provisions contained in this Chapter shall be punishable by:
1. 
A fine not to exceed five hundred dollars ($500.00);
2. 
Confinement in jail for a term not to exceed one (1) year; or
3. 
Both such fine and confinement.