[R.O. 2009 §3.5-3; Ord. No. 3270 §1, 5-14-2003]
A.
It shall
be unlawful for any owner or operator of an adult oriented business
to:
2.
Purvey
or display child pornography, as that term is defined in Section 573.010,
RSMo., and as amended from time to time;
3.
Purvey
or display to a person under the age of eighteen (18) any sexually
oriented material;
4.
Display
or promote sexually oriented material so that it is visible from outside
the premises;
5.
Employ
at the adult oriented business any person who:
a.
Has been convicted of or plead guilty of violating the provisions of Chapter 210, Article X, Offenses Concerning Pornography, Sections 210.490 et seq. of the Code of Ordinances of the City, and/or Chapters 566, 567 or 573, RSMo., as amended from time to time or has been convicted of or plead guilty of any offense which, if committed in the State of Missouri, would constitute such offenses;
b.
Is
under the age of eighteen (18).
6.
Make
false statement on the application for a license.
A.
It shall
be an ordinance violation for a person, in a sexually oriented business,
to knowingly and intentionally appear in a state of nudity or depict,
simulate, or perform specified sexual activities.
B.
It shall
be an ordinance violation for a person to appear knowingly or intentionally
in a sexually oriented business in a seminude condition unless the
person is an employee who, while seminude, shall be at least ten (10)
feet from any patron or customer and on a stage at least two (2) feet
from the floor and behind a railing no less than twenty-four (24)
inches in height.
C.
It shall
be an ordinance violation for an employee, while semi-nude, to touch
a customer or the clothing of a customer.
D.
It shall
be an ordinance violation if a person knowingly allows on the premises
of a sexually oriented business a person under the age of twenty-one
(21) years, except for 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.
The provisions of this Chapter 620 are designed to protect the public policy interest of the City and the State, including but not limited to: to mitigate the adverse secondary effects of sexually oriented businesses, to limit harm to minors, and to reduce prostitution, crime, juvenile delinquency, deterioration in property values and lethargy in neighborhood improvement efforts.
[R.O. 2009 §3.5-4]
The Director is authorized to inspect adult oriented businesses
to determine compliance with this Chapter and to issue licenses in
accordance with this Chapter.
[R.O. 2009 §3.5-5; Ord. No. 3270 §1, 5-14-2003]
A.
It shall
be unlawful for any person to own or operate an adult oriented business
without a valid license issued therefore by the Director 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 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 oriented business. The location of the
one (1) business being licensed shall be designated in the application.
A.
It shall
be unlawful for any owner or operator of an adult oriented business
to exhibit in a viewing room on the premises a film, video cassette,
DVD, or other video reproduction that depicts specified sexual activities,
unless the viewing room is visible from a continuous main aisle in
the sexually oriented business and such viewing room is not obscured
by any curtain, door, wall, or other enclosure. No viewing room shall
be occupied by more than one (1) individual at a time and there shall
be no aperture between viewing rooms which is designed or constructed
to facilitate sexual activity between persons in different rooms.
For purposes hereof, "specified sexual activities" includes the following acts:
1.
The
fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breast;
2.
Sex
acts, actual or simulated, including intercourse, oral copulation,
masturbation, or sodomy; or
3.
Excretory
functions a part of or in connection with any of the activities set
forth in this definition.
