For the purposes of this Chapter, the following words and phrases
shall have the meanings ascribed to them by this Section:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
money-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.
ADULT BOOKSTORE or ADULT VIDEO STORE
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, videocassettes,
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.
ADULT CABARET
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment which regularly features persons who
appear semi-nude.
ADULT ENTERTAINER
Any person who provides entertainment distinguished or characterized
by an emphasis on the exhibiting of specific sexual activities or
specified anatomical areas, or who appears in a semi-nude condition,
whether or not a fee is charged or accepted.
ADULT MEDIA
Magazines, books, videotapes, movies, slides, compact discs
or other devices used to record computer images, or other media that
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to hard-core material.
ADULT THEATER
A commercial establishment where films, motion pictures,
videocassettes, 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 persons for any form of consideration.
CHARACTERIZED BY
Describing the essential character or dominant theme of an
item.
EMPLOY, EMPLOYEE, EMPLOYMENT
Refers to performance of services on the premises of a sexually
oriented business, on a full-time, part-time, or contract basis, whether
or not the person involved is denominated an employee, independent
contractor, agent or otherwise, but excluding a person exclusively
on the premises for repair or maintenance of the premises or for the
delivery of goods to the premises.
GROSS PUBLIC FLOOR AREA
The total interior area 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.
HARD-CORE MATERIAL
Media characterized by sexual activity that includes one
(1) or more of the following: erect male organ; contact of the mouth
of one (1) person with the genitals of another; penetration with a
finger or male organ into any orifice in another person; open female
labia; penetration of a sexually oriented toy or novelty into an orifice;
male ejaculation, or the aftermath of male ejaculation.
INFLUENTIAL INTEREST
Any of the following:
1.
The actual power to operate a business or legal entity or control
the operation, management, or policies of a business or legal entity;
2.
Ownership of a financial interest of thirty percent (30%) or
more of a business or any class of voting securities of a business;
or
3.
Holding an office such as president, vice president, secretary,
treasurer, managing member, or managing director of a business or
legal entity.
MEDIA
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 necessarily be limited to books, newspapers, magazines,
movies, videos, sound recordings, compact discs, other magnetic media,
and undeveloped pictures.
NUDITY or STATE OF NUDITY
The showing of the human genitals, pubic area, vulva, anus,
anal cleft or the female breast with less than a fully opaque fabric
or leather covering of any part of the nipple or areola. Body paint
shall not qualify as fabric or leather.
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, whether or not an owner
or licensee of the business.
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, parking lots, and parking garages.
PRINCIPAL BUSINESS ACTIVITY
Exists where the commercial establishment:
1.
Has a substantial portion [as used in this definition, at least
thirty percent (30%)] of its displayed merchandise which consists
of the pertinent items; or
2.
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of the pertinent items; or
3.
Has a substantial portion of the retail value of its displayed
merchandise which consists of the pertinent items; or
4.
Derives a substantial portion of its revenues from the sale
or rental of the pertinent items; or
5.
Maintains a substantial section of its interior business space
for the sale or rental of the pertinent items; or
6.
Maintains an adult arcade.
SADOMASOCHISTIC PRACTICES OR ABUSE
Flagellation or torture by or upon a person, or the conditions
of being fettered, bound, or otherwise physically restrained, as an
act of sexual stimulation or gratification.
SEMI-NUDE MODEL STUDIO
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, but excluding a modeling class operated by a college,
junior college, or university supported entirely or partially by taxation,
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 partially by taxation, or in a
structure which has no sign visible from the exterior of the structure
or other advertising that indicates a semi-nude person is available
for viewing and students must enroll at least three (3) days in advance
to participate in the class.
SEMI-NUDE OR STATE OF SEMI-NUDITY
The showing of the human female breast below a horizontal
line across the top of the areola and extending across the width of
the breast at such point, or the showing of the human male or female
buttocks. Such definition includes the lower portion of the human
female breast, but shall not include any portion of the cleavage of
the human female breasts exhibited by a bikini, dress, blouse, skirt,
leotard, or similar wearing apparel, provided the areola is not exposed
in whole or in part. Coverage by other than opaque fabric or leather
shall still constitute "showing" for purposes hereof, and body paint
shall not qualify as fabric or leather.
SERVER
Any person who serves food or drink at a sexually oriented
business.
SEX SHOP
A commercial establishment offering goods for sale or rent
that meets any of the following tests:
1.
The establishment offers for sale items from any two (2) of
the following categories:
c.
Leather goods marketed or presented in a context to suggest
their use for sadomasochistic practices or abuse; and the combination
of such items constitutes more than ten percent (10%) of its stock
in trade or occupies more than ten percent (10%) of its gross public
floor area.
2.
More than ten percent (10%) of its stock in trade consists of
sexually oriented toys or novelties.
3.
More than ten percent (10%) of its gross public floor area is
devoted to the display of sexually oriented toys or novelties.
SEXUAL ENCOUNTER CENTER
A commercial establishment that, as one of its principal
business activities, offers for any form of consideration physical
contact in the form of wrestling or tumbling between two or more persons
where one (1) or more of the persons is semi-nude.
SEXUALLY ORIENTED BUSINESS
An inclusive term used to describe, individually and collectively,
adult cabaret; adult bookstore; adult video store, adult theater,
semi-nude model studio, sexual encounter center, and/or sex shop as
defined by City ordinance as well as any sexually oriented business
as defined by State law, including Section 573.010, RSMo.
SEXUALLY ORIENTED TOYS OR NOVELTIES
Instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breast, or designed
or marketed primarily for use to stimulate human genital organs, or
for sadomasochistic practices or abuse.
SPECIFIED ANATOMICAL AREAS
1.
Less than completely and opaquely covered (by fabric or leather,
not body paint) human genitals, pubic region, buttock, and female
breast below a point immediately above the top of the areola; and
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Intercourse, oral copulation, masturbation, sodomy, or excretory
functions as a part of or in connection with any of the foregoing.
Human genitals in a state of sexual stimulation or arousal or acts
of human masturbation, sexual intercourse, oral copulation, sodomy,
or fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast, and any related excretory functions, or
any sadomasochistic practices or abuse, or bestiality.
It is unlawful for any person to work as an adult entertainer,
server or manager at a sexually oriented business within the City
at any time without an effective license issued by the City.
All sexually oriented businesses shall permit representatives
of the Police Department or any other City Official acting in their
official capacity to inspect portions of the premises accessible to
the public on a monthly basis to insure the business is complying
with all applicable regulations and laws.
Following the entry of an order suspending or revoking a license
issued pursuant to this Chapter or disapproving the application or
renewal application for a license, such licensee or applicant may
seek review in a manner provided by law.