City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety. See editor's note at beginning of title IV.

Section 456.010 Definitions.

[Ord. No. 3001 §1, 12-23-2008]
For the purposes of this Chapter, the following terms shall be defined as follows:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE; ADULT NOVELTY STORE; ADULT VIDEO STORE
A commercial establishment that has as a substantial or significant portion of its stock-in-trade and offers for sale, for any form of consideration, any one (1) or more of the following:
1. 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or disks, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. 
Instruments, devices or paraphernalia that are designed or marketed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. It shall be presumed that a commercial establishment falls within this definition when the establishment holds itself out or advertises itself as an adult bookstore, adult novelty store or adult video store or where more than twenty-five percent (25%) of the retail value of merchandise offered for sale consists of the materials described herein or where more than ten percent (10%) of its display space is used for the materials described herein.
ADULT CABARET
A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes or disks, slides or other photographic reproductions in which a substantial or significant portion of the total presentation time is devoted to the showing of material that is characterized by specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
1. 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or disks, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
2. 
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. 
Allows a tenant or occupant of the sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel.
ADULT MOTION PICTURE THEATER
An establishment where, for any form of consideration, films, motion pictures, video cassettes or disks, slides or similar photographic reproductions are shown, and in which a substantial or significant portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment in which a substantial or significant portion of the presentation time is devoted to the exposure of specified anatomical areas or to specified sexual activities.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees to privately model lingerie or to privately perform a strip tease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Any of the following:
1. 
The opening or commencement of a 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;
3. 
The addition of any sexually-oriented business to any other existing sexually-oriented business; or
4. 
The relocation of any sexually-oriented business.
MASSAGE PARLOR
A commercial establishment where, for any form of consideration, massage, alcohol, rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUAL ENCOUNTER ESTABLISHMENT
A commercial establishment other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy.
SEXUALLY-ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor or sexual encounter establishment.
SEXUALLY-ORIENTED MERCHANDISE
Instruments, devices, gifts or paraphernalia that are designed or marketed for use in connection with specified sexual activities or clothing that graphically depicts or exposes specified anatomical areas or books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or disks, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS
Any of the following:
1. 
Bare human male or female genitals, buttocks, anus or pubic area with less than opaque clothing covering.
2. 
The female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing or swim suit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
3. 
The covered male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
3. 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY-ORIENTED BUSINESS
An increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this Chapter took effect (December 16, 2002).
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS
Any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. 
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Section 456.020 Location of Sexually-Oriented Businesses.

[Ord. No. 3001 §1, 12-23-2008]
A. 
A person may operate or cause to be operated a sexually-oriented business in accordance with the following regulations:
1. 
A sexually-oriented business may only be operated in "IP-1", "BP-1", "BP-2" and "HP-1" zoning districts as those districts are defined in the Municipal Code and the Zone District Map of the City of Fenton.
2. 
A sexually-oriented business shall not be operated within one thousand (1,000) feet of the following:
a. 
A church, synagogue, mosque, temple or building which is used for religious worship and related religious activities;
b. 
A public library or a public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds;
c. 
A boundary of a residential zoning district as defined in the Municipal Code of the City of Fenton and its Zone District Map;
d. 
A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the City of Fenton;
e. 
The property line of a lot devoted to a residential use;
f. 
An entertainment business which is oriented primarily towards children or family entertainment; or
g. 
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State.
For purposes of this provision, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually-oriented business is conducted to the nearest property line of the premises of one (1) of the above-listed uses. Presence of a City, Municipal Code of the City of Fenton or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this provision.
3. 
A sexually-oriented business shall not be operated, established, substantially enlarged or undergo transfer of ownership or control within one thousand (1,000) feet of another sexually- oriented business. For purposes of this provision, the distance between any two (2) sexually- oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
4. 
A person shall not cause or permit the operation, establishment or maintenance of more than one (1) sexually-oriented business in the same building, structure or portion thereof or the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business.
5. 
Any sexually-oriented business lawfully operating on the effective date of this Chapter (December 16, 2002) that is in violation of this Chapter shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually-oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is/are non-conforming.

Section 456.030 Hours of Operation.

[Ord. No. 3001 §1, 12-23-2008]
No sexually-oriented business, except for an adult motel, may remain open at any time between the hours of 11:00 P.M. and 9:00 A.M.

Section 456.040 Exterior Portions of Sexually-Oriented Businesses.

[Ord. No. 3001 §1, 12-23-2008]
A. 
Sexually-oriented merchandise or activities of the sexually-oriented business shall not be visible from any point outside such business.
B. 
The exterior portions of a sexually-oriented business shall not have flashing light or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent permitted by the provisions of this Chapter.
C. 
The exterior portions of a sexually-oriented business shall be painted a single achromatic color; however, this provision shall not apply to the business if the following conditions are met:
1. 
The business is part of a commercial multi-unit center; and
2. 
The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
D. 
Nothing in this Section shall be construed to require the painting of an otherwise unpainted exterior portion of an enterprise.

Section 456.050 Signage.

[Ord. No. 3001 §1, 12-23-2008]
A. 
Any person operating a sexually-oriented business shall comply with the signage requirements set forth in the Municipal Code of the City of Fenton. However, the following requirements apply to signage for sexually-oriented businesses and supersede any conflicting provisions in the Municipal Code of the City of Fenton:
1. 
Only one (1) on-premises properly permitted sign is allowed to advertise the sexually-oriented business.
2. 
Signs shall be a flat plane rectangular in shape and have no more than two (2) display surfaces. Each display surface shall not exceed seventy-five (75) square feet in area and shall not exceed ten (10) feet in height or ten (10) feet in length.
3. 
No sign shall contain photographs, silhouettes, drawings or pictorial representations of any manner and may only contain the following:
a. 
The name of the business; and/or
b. 
One (1) or more of the following phrases:
(1) 
Adult Arcade
(2) 
Adult Bookstore
(3) 
Adult Novelty Store
(4) 
Adult Video Store
(5) 
Adult Cabaret
(6) 
Adult Motel
(7) 
Adult Motion Picture Theater
(8) 
Adult Theater
(9) 
Escort Agency
(10) 
Massage Parlor
(11) 
Adult Encounter Establishment
c. 
Signs for adult movie theaters may contain the additional phrase "Movie Titles Posted Inside Premises".
4. 
Each letter forming a word on a sign shall be of a solid color and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

Section 456.060 Violations and Penalties.

[Ord. No. 3001 §1, 12-23-2008]
A. 
Misdemeanor. Any person who violates any provision of this Chapter shall be guilty of a municipal ordinance violation and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) per day or ninety (90) days imprisonment, or both. Each and every day that such violation continues shall constitute a separate offense.
B. 
Persons Liable. The owner or general agent of any such land, building, structure or premises where a violation of these provisions has been committed or shall exist, or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which the violation has been committed or shall exist, or the owner, general agent, architect, builder or contractor or any other person who knowingly commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a municipal ordinance violation and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) per day or ninety (90) days imprisonment, or both. Each and every day that such violation continues shall constitute a separate offense.
C. 
Inspection/Notice. The Director or his/her duly authorized representative shall have the power to cause any land, building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein in violation of this Chapter. If the Director or his/her duly authorized representative finds that the use of any building, structure or land or the work on any building or structure violates any of the provisions of this Chapter, the Director or his/her duly authorized representative shall sign and issue a written order so stating. With respect to uses that violate this Chapter, the written order shall direct that such use(s) be stopped within ten (10) days. With respect to work on buildings or structures that violate this Chapter, the written order shall direct that such work be stopped immediately. The written order shall be served upon the owner and (where appropriate) the tenant or lessee or occupant of the building, structure or land that is the subject of the violation, as well as on any person doing work on buildings or structures in violation of this Chapter.
D. 
Actions To Abate. Nothing in this provision shall be construed to limit the ability of the City of Fenton or other affected persons to pursue any other remedies available, including a suit for injunction, in order to enforce the provisions of this act or prevent any illegal act, conduct, business or use in or about the premises.

Section 456.070 Enforcement.

[Ord. No. 3001 §1, 12-23-2008]
Enforcement of this Chapter shall be responsibility of the Community Development Department. The office of the City Attorney shall be responsible for prosecuting these cases or pursuing other legal remedies for the violations of the Chapter.