[Ord. No. 99-38 §1, 9-23-1999]
Missouri Cities of the Fourth Class, Weldon Spring being such, have the authority, pursuant to the provisions of Section 79.450 et seq., RSMo., to enact ordinances for the reasonable regulation of adult businesses within its City limits in order to prohibit public indecencies and to provide for the public welfare.
[Ord. No. 99-38 §2, 9-23-1999; Ord. No. 06-01 §7, 1-10-2006]
Adult stores and entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult stores and entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult stores and entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area.
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as those having serious objectionable operational characteristics, thereby having a deleterious effect upon adjacent areas, which could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult stores and entertainment establishments is necessary to ensure that the adverse effects of such uses will not contribute to the blighting and downgrading of surrounding neighborhoods, whether residential or non-residential, by location or concentration and to ensure the stability of such neighborhoods.
The provisions of this Chapter are designed to protect the following public policy interest of this City including, but not limited to, mitigating the adverse secondary effects of sexually oriented businesses, limiting harm to minors and reducing prostitution, crime, juvenile delinquency, deterioration in property values and lethargy in neighborhood improvement efforts.
[Ord. No. 99-38 §3, 9-23-1999; Ord. No. 06-01 §1, 1-10-2006]
The following definitions shall govern the interpretation of this Chapter:
- As used in this Chapter, refers to a person who has attained the age of twenty-one (21) years.
- ADULT CABARET
- A nightclub, bar, restaurant or similar establishment in which persons regularly appear in a state of nudity, as defined in Section 573.500, RSMo., or semi-nudity in the performance of their duties.
- ADULT ENTERTAINMENT ESTABLISHMENTS
- Any establishment including, but not limited to, adult stores, adult motion picture theaters, adult mini-motion pictures theaters or establishments providing live dancers or models, having as a material portion of its business the offering of entertainment, stocks in trade or materials, scenes or other presentations characterized by emphasis on depiction or descriptions of "specific sexual activities" or "specified anatomical areas" as herein defined.
- ADULT STORE
- An establishment having at least a ten percent (10%) portion of its stock in trade, books, photographs, magazines, videos, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein; or instruments, devices or paraphernalia which are designated for use in connection with "specific sexual activities" as herein defined.
- DISPLAYS PUBLICLY
- Exposing, placing, posting, exhibiting or in any fashion displaying on any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from the street, highway or public sidewalk or from the property of others or from any portion of the person's store or the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public.
- A person who is at least twenty-one (21) years of age and who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not said person is paid a salary, wage or other compensation by the operator of said business. The term "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.
- EXPLICIT SEXUAL MATERIAL
- Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse or emphasizing the depiction of post pubertal human genitals.
- To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
- 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 which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.
- Any person under the age of twenty-one (21).
- NUDITY or A STATE OF NUDITY
- The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or anal cleavage with less than a full opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
- Any place in or upon which lewdness, assignation or prostitution is conducted, permitted, continued or exists, or any place in or upon which lewd, indecent, lascivious or obscene films or films designed to be projected for exhibition are photographed, manufactured, developed, screened, exhibited or otherwise prepared or shown, and the personal property and contents used in conducting and maintaining any such place for any such purpose. The provisions of this Section shall not affect any newspaper, magazine or other publication entered as second class matter by the Post Office Department.
- Any material or performance if:
- 1. Taken as a whole and apply contemporary community standards, its predominant appeal is prurient interest in sex;
- 2. Applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
- 3. Taken as a whole, it lacks serious literary, artistic, political or scientific value.
- Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- PORNOGRAPHIC FOR MINORS
- Any materials or performance if:
- 1. The average person applying contemporary community standards would find that the material or performance, taken as a whole, has a tendency to cater or appeal to prurient interest of minors;
- 2. The material or performance depicts or describes nudity, sexual conduct, sexual excitement, sadomasochistic abuse or any explicit sexual material in any way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
- 3. The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
- To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise or offer or agree to do the same.
- SEMI-NUDE or IN A SEMI-NUDE CONDITION
- A state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by wearing apparel provided the areola is not exposed in whole or part.
- SEXUALLY ORIENTED BUSINESS
- An adult cabaret or any business which offers its patrons goods of which a substantial or significant portion are sexually oriented material. It shall be presumed that a business that derives thirty percent (30%) or less of its revenue from sexually oriented materials is presumed not to be a sexually oriented business. No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business.
- SEXUALLY ORIENTED MATERIALS
- Any pictorial or three-dimensional material or film, motion picture, DVD, video cassette or similar photographic reproduction, that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined in Section 573.010, RSMo.
- SPECIFIED ANATOMICAL AREAS
- Those areas of the human body specified in the definition "nudity" above.
- SPECIFIED CRIMINAL ACTIVITY
- Includes the following offenses:
- 1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling prohibited under Missouri law; or distribution of a controlled substance; or any similar offenses described in this Section under the criminal or penal code of other States or countries;
- 2. For which:
- a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
- b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
- c. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
- 3. The fact that a conviction is being appealed shall not prevent a sexually oriented business from being considered a nuisance and closed under Section 67.2546, RSMo.
- SPECIFIED SEXUAL ACTIVITIES
- Include the following acts:
- 1. The fondling or other erotic touching of human genitals, public region, buttocks, anus or female breasts;
- 2. Sex acts, 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 this Section.
[Ord. No. 99-38 §4, 9-23-1999; Ord. No. 06-01 §§2 — 6, 1-10-2006]
Age Restriction. Only adults as herein defined shall be permitted on the premises of any adult entertainment establishment as herein defined.
Exterior Display. No adult store or entertainment establishment shall be conducted in any manner that permits the observation of live performers engaged in an erotic depiction of dance or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. Further, no explicit sexual material, merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
Pursuant to the provisions of Section 67.2546, RSMo., 2005, any person who operates or causes to be operated a sexually oriented business shall be prohibited from exhibiting 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.
If a sexually oriented business allows specified criminal activity or specified sexual activity on its premises or otherwise fails to comply with the provisions of this Section, it shall be considered a nuisance as defined by Section 67.4540, RSMo., and shall be closed pursuant to Section 567.080, RSMo.
Pursuant to the provisions of Section 67.2552, RSMo., 2005, it shall be a violation of City ordinance 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.
It shall be a violation of City ordinance for a person in a sexually oriented business to appear knowingly or intentionally in a sexually oriented business in a semi-nude condition unless the person is an employee who, while semi-nude, 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.
It shall be a violation of City ordinance for an employee in a sexually oriented business while semi-nude to touch a customer or the clothing of a customer.
It shall be a violation of City ordinance 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.
[Ord. No. 99-38 §5, 9-23-1999]
A permittee shall have the premises supervised at all times when open for business. The permittee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.
All permittees under the provisions of this Chapter shall keep and maintain on their premises a current register of all their employees showing such employee's name, address, age, sex and duties. Such register shall be open to the inspection at all reasonable times by any duly authorized officer of the City.
[Ord. No. 99-38 §6, 9-23-1999]
Any duly authorized Police Officer of the City or County may, based upon a complaint, make an inspection of each adult entertainment establishment for the purpose of determining that the provisions of this Chapter are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
[Ord. No. 99-38 §7, 9-23-1999]
A person commits the offense of furnishing material pornographic for minors if, knowing its content or character, he/she:
Furnishes or promotes any material pornographic for minors, knowing that the person to whom it is furnished or promoted is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
Produces, presents, directs or participates in any performance pornographic for minors that is furnished or promoted to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance.
[Ord. No. 99-38 §8, 9-23-1999]
Any person who violates any provision of this Chapter shall, upon conviction, be punished in accordance with the provisions of this Chapter and shall be subject to imprisonment for up to ninety (90) days and to a fine of up to five hundred dollars ($500.00), or both such fine and imprisonment. Each day of such violation may constitute a separate offense.
[Ord. No. 99-38 §9, 9-23-1999]
Every applicant for a permit to maintain, operate or conduct an adult store or entertainment establishment shall file an application with the City Clerk and pay an annual fee to the City Clerk of two hundred dollars ($200.00) which shall not be refundable or prorated and which shall be in addition to any other applicable tax, license or fee.
The applicant for a permit to operate an adult store or entertainment establishment shall set forth the exact nature of the store or establishment, the proposed place of business and facilities therefor and the name, address and telephone number of each applicant including any stockholder holding more than ten percent (10%) of the stock of the corporation, any partner and/or proprietor and any manager. Each such person shall provide written proof that he/she is an adult, as defined herein; and that he/she has no criminal convictions involving moral turpitude; and the business, occupation or employment of the applicant for ten (10) years immediately preceding the date of application.
[Ord. No. 99-38 §10, 9-23-1999]
After the filing of an application in proper form for a business permit, the City Clerk shall issue such permit within twenty-one (21) days following the application, unless the City Clerk finds that the application has knowingly made any false, misleading or fraudulent statement of fact in the application or has failed or refused to pay the required fee.
[Ord. No. 99-38 §11, 9-23-1999]
Business permits are not transferable and such authority as a permit confers shall be conferred only on the permittee named therein.
Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.
No adult store or adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school or public park or any property zoned or used for residential purposes. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult store or entertainment establishment to the closest property line of the religious institution, school or public park or the property zoned or used for residential purposes. The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facility.