[R.O. 2011 § 665.010; R.O. 2009
§ 158.001; Ord. No. 06-330, 12-14-2006]
This Chapter shall be known as the
"Sexually Oriented Business Ordinance for the City of St. Charles,
Missouri."
[R.O. 2011 § 665.020; R.O. 2009
§ 158.002; Ord. No. 06-330, 12-14-2006]
The provisions of this Chapter shall
apply to the corporate limits of the City of St. Charles, Missouri.
[R.O. 2011 § 665.030; R.O. 2009
§ 158.003; Ord. No. 06-330, 12-14-2006]
It is the purpose of this Chapter to regulate sexually oriented businesses and related activities to promote the health, safety, morals and general welfare of the citizens of the City of St. Charles, Missouri, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City of St. Charles, Missouri. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article I, Section 8 of the Missouri Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is neither the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
[R.O. 2011 § 665.040; R.O. 2009
§ 158.004; Ord. No. 06-330, 12-14-2006]
A.
Based upon evidence concerning the adverse
secondary effects of adult uses on the community from factual findings
incorporated in the cases of City of Littleton v. Z.J. Gifts D-4,
L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books,
Inc., 535 U.S. 424 (2002); City of Erie v. Pap's A.M, 529 U.S. 277,
146 L. Ed. 2d 265, 120 S. Ct. 1382 (2000); Barnes v. Glen Theatre,
Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S.
215 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41
(1986); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); Iacobucci
v. City of Newport, Ky., 479 U.S. 92 (1986); Young v. American Mini
Theatres, 427 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972);
United States v. O'Brien, 391 U.S. 367 (1968); World Wide Video of
Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004);
Ben's Bar, Inc v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003);
SOB, Inc. v. City of Benton, 317 F.3d 856 (8th Cir. 2003); Center
for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir.
2003); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997);
Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On,
Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir.1995); South Florida
Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir.1984);
N.W. Enterprises v. City of Houston, 27 F. Supp. 2d 754 (S.D. Tex.1998);
St. Louis County v. B.A.P., 18 S.W.3d 397 (Mo. Ct. App. ED 2000);
studies conducted in other Cities and Counties including, but not
limited to, Kansas City, Missouri; Rochester, New York; Denver, Colorado;
Newport News, Virginia; St. Croix County, Wisconsin; Virginia Beach,
Virginia; New York, New York; Manatee County, Florida; Phoenix, Arizona;
St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis,
Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; St. Cloud, Minnesota;
Greensboro, North Carolina; Spokane, Washington Legislative Record;
Kennedale, Texas; Tucson, Arizona; Rome City, Georgia; St. Marys,
Georgia; Centralia, Illinois; Effingham County, Illinois; and Cleburne,
Texas; findings reported in the Final Report of the Attorney General's
Commission on Pornography (1986), the Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses (June
6, 1989, State of Minnesota) and the report to the American Center
for Law and Justice on the Secondary Impacts of Sexually Oriented
Businesses dated March 31, 1996, the City Council finds that:
1.
The outright prohibition of sexually
oriented businesses improperly infringes upon protected forms of expression;
but that reasonable regulation of such businesses so as to curtail
and prevent pernicious secondary effects is both permissible and desirable.
2.
Sexually oriented businesses, if
unregulated, are likely to lead to an increase in illegal sexual activities,
drug and alcohol offenses, disorderly conduct and other criminal activity.
3.
Crime statistics show that all types
of crimes, especially sex-related crimes, occur with more frequency
in neighborhoods where sexually oriented businesses are located. See,
e.g., studies of the Cities of Phoenix, Arizona; Indianapolis, Indiana;
and Austin, Texas.
4.
When more than one (1) sexually oriented
business use occupies the same location or business address, the secondary
effects caused by such businesses are increased. Secondary effects
are reduced or controlled to a greater degree when only a single sexually
oriented business use is allowed to occupy the same location.
5.
Law enforcement resources available
for responding to problems associated with or created by sexually
oriented businesses are limited due to the growth of the City and
such resources are best conserved by regulating sexually oriented
businesses.
6.
The public health, safety, welfare
and convenience of the residents of the City require that sexually
oriented businesses and their locations be regulated in order to reduce
the potential for harm and in order to preserve and protect the quality
of life in the residential and business environs of the City.
7.
The location of sexually oriented
businesses in close proximity to each other adversely affects the
property values, causes an increase in crime and encourages residents
and other businesses in proximity to such sexually oriented businesses
to move and locate elsewhere.
8.
It is the duty and responsibility
of the Mayor and Council for the City to protect and preserve the
public health, safety and welfare of the City and its residents, the
stability of the value and use of property within the City and the
character of its neighborhoods and developments.
9.
In order to preserve the public peace
and good order and to safeguard and promote the health, safety and
welfare of the City and its citizens, therefore, it is necessary and
advisable to regulate and restrict the location of sexually oriented
business establishments.
10.
The general welfare, health, morals
and safety of the citizens of this City will be promoted by enactment
of this Chapter.
11.
The requirements of this Chapter
advance the public health, safety and welfare by providing neutral
regulations governing the conduct of sexually oriented businesses
within the corporate limits of the City of St. Charles, Missouri.
[R.O. 2011 § 665.050; R.O. 2009
§ 158.005; Ord. No. 06-330, 12-14-2006]
For the purposes of this Chapter,
the following definitions shall apply unless the context clearly indicates
of requires a different meaning.
Any place to which the public is permitted or invited wherein
paper token-operated, coin-operated or slug-operated or electronically,
electrically or mechanically controlled still or motion picture machines,
projectors, videos, digital video disc, video over Internet protocol,
computer-operated 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.
Any business, commercial establishment or premises that has
as a substantial or significant portion of its stock in trade or has
as one (1) of its primary or principal business purposes, offers for
sale or rental for any form of consideration any one (1) or more of
the following:
Books, magazines, periodicals or
other printed matter or photographs, films, motion picture, video
cassettes or video reproductions, slides, digital video disc, computer
disc or other visual representations that depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia
that are designed for use in connection with specified sexual activities.
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A principal business purpose exists
if materials offered for sale or rental depicting or describing specified
sexual activities or specified anatomical areas generate twenty percent
(20%) or more of the business's income or account for twenty percent
(20%) or more of inventory or occupy twenty percent (20%) or more
of gross total floor area. 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 or adult video store. Such other business purposes will
not serve to exempt such commercial establishments from being categorized
as an adult bookstore 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 that depict or describe specified
sexual activities or specified anatomical areas.
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An adult live entertainment facility or that part of a live
adult entertainment facility which may include a nightclub, bar, restaurant,
cafe or similar establishment that regularly, commonly, habitually
or consistently features or otherwise offers to the public, customers
or members in a viewing area, any live exhibition, performance or
dance by persons whose exhibition, performance or dance includes any
of the following:
Persons who appear in a state of
nudity or semi-nudity;
Live performances that are characterized
by the exposure of specified anatomical areas or by specified sexual
activities;
Films, motion pictures, video cassettes,
slides, digital video discs, photographic reproductions, video over
Internet protocol or other image-producing devices that are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
Persons who engage in erotic dancing
or performances that are intended for the sexual interests or titillation
of an audience or customers.
Any building, structure or facility which contains or is
used for commercial entertainment, including theaters used in presenting
live presentations, predominately distinguished or characterized by
their principal emphasis on matter displaying, depicting, describing
or relating to specified sexual activities or specified anatomical
areas and including adult cabaret facilities providing a live presentation,
where customers observe any live presentation of any person wholly
or partially nude with their genitals or pubic region exposed or covered
only with transparent covering and additionally, in the case of a
female person, with the areola and nipple of the breast exposed or
covered only with transparent covering or observe specified sexual
activities.
A hotel, motel, building or portion of a building, structure,
facility or similar commercial establishment that:
Offers accommodation to the public
for any form of consideration and provides patrons with closed-circuit
television transmissions, films, motion pictures, video cassettes,
slides, digital video discs, video over Internet protocol or other
photographic reproductions that 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 that advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for
a period of time that is less than eighteen (18) hours; or
Allows a tenant or occupant of a
sleeping room to subrent the room for a period of time that is less
than eighteen (18) hours.
A building or portion of a building [including any portion
of a building which contains more than one hundred fifty (150) square
feet] where films, motion pictures, movies, video cassettes, slides,
digital video discs or similar photographic reproductions, video over
Internet protocol or other projected images are regularly, commonly,
habitually or consistently shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment that regularly, commonly, habitually or consistently
features persons who appear in person in a state of nudity or semi-nudity
or live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
The Director of Community Development.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not the said person
is paid a salary, wage or other compensation by the operator of said
business. "Employee" does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on
the premises or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron
or customer. The term "employee" includes any manager.
Includes any of the following:
The opening or commencement of any
sexually oriented business as a new business;
The conversion of an existing business,
whether or not a sexually oriented business, to any sexually oriented
business;
The additions of any sexually oriented
business to any other existing sexually oriented business; or
The relocation of any sexually oriented
business; or
A sexually oriented business or premises
on which the sexually oriented business is located.
The total area of the building accessible or visible to the
public, including showrooms, motion picture theaters, motion picture
arcades, service areas, behind-counter areas, storage areas visible
from such other areas, restrooms (whether or not labeled "public"),
areas used for cabaret or similar shows (including stage areas) plus
aisles, hallways and entryways serving such areas.
A facility licensed by the State of Missouri, whether situated
within the County or not, that provides care, training, education,
custody, treatment or supervision for more than twelve (12) children
under fourteen (14) years of age, where such children are not related
by blood, marriage or adoption to the owner or operator of the facility.
A play, skit, opera, ballet, concert, comedy or musical drama.
Anything printed or written or any picture, drawing, photograph,
motion picture film, videotape or videotape production or pictorial
representation or any statue or other figure or any recording or transcription
or any mechanical, chemical or electrical reproduction or anything
that is or may be used as a means of communication. "Material" includes
undeveloped photographs, molds, printing plates and other latent representational
objects.
Anything printed or written or any picture, drawing, photograph,
motion picture film, videotape or videotape production or pictorial
representation or any electrical or electronic reproduction of anything
that is or may be used as a means of communication. "Media" includes,
but shall not be limited to, books, newspapers, magazines, movies,
videos, sound recordings, CD-ROMs, digital video discs, laser discs,
other magnetic media and undeveloped photographs.
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals or vulva,
with less than a fully opaque covering; or a female breast with less
than a fully opaque covering of any part of the areola; or human male
genitals in a discernibly turgid state even if completely and opaquely
covered.
Any person operating, conducting or maintaining a sexually
oriented business.
The proprietor, if a sole proprietorship; all partners (general
and limited), if a partnership; all officers, directors and persons
holding five percent (5%) or more of the outstanding shares if a corporation;
or all officers, directors, members and persons holding five percent
(5%) or more of any ownership interest, if a limited liability company;
or any beneficiary or trustee of a trust.
An individual, proprietorship, partnership, corporation,
trust, incorporated or unincorporated association, limited liability
company, joint venture, governmental entity or other entity or group
of persons however organized.
The real property upon which the 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 adjacent thereto under
the ownership, control or supervision of the owner or operator.
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. 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 a dress, blouse, skirt, leotard, bathing suit
or other wearing apparel provided the areola is not exposed in whole
or in part.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult live entertainment facility, adult motel, adult motion
picture theater, adult theater, escort agency, nude model studio or
sexual encounter center.
Includes any of the following:
