[R.O. 2004 § 610.010; Ord. No.
99-38 § 1, 9-23-1999]
The City of Weldon Spring has 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.
[R.O. 2004 § 610.020; Ord. No.
99-38 § 2, 9-23-1999; Ord. No. 06-01 § 7, 1-10-2006]
A.Â
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.
B.Â
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.
C.Â
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.
[R.O. 2004 § 610.030; 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.
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 seminudity in the performance of their
duties.
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.
An establishment having at least a ten-percent 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.
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.
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).
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:
Taken as a whole and apply contemporary community standards,
its predominant appeal is prurient interest in sex;
Applying contemporary community standards, it depicts or describes
sexual conduct in a patently offensive way; and
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.
Any materials or performance if:
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;
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
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.
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. Seminudity 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.
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.
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.
Those areas of the human body specified in the definition
"nudity" above.
Includes the following offenses:
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;
For which:
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;
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
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-month period.
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.
Includes the following acts:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy; or
Excretory functions as part of or in connection with any of
the activities set forth in this Section.
[R.O. 2004 § 610.040; Ord. No.
99-38 § 4, 9-23-1999; Ord. No. 06-01 §§ 2 —
6, 1-10-2006]
A.Â
Age Restriction. Only "adults," as herein defined, shall be permitted on the premises of any adult
entertainment establishment as herein defined.
B.Â
Exterior Display.
1.Â
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.
2.Â
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.
C.Â
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, videocassette, 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.
D.Â
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.
E.Â
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.
F.Â
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 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.
G.Â
It shall be a violation of City ordinance for an employee in a sexually
oriented business while seminude to touch a customer or the clothing
of a customer.
H.Â
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.
[R.O. 2004 § 610.050; Ord. No.
99-38 § 5, 9-23-1999]
A.Â
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.
B.Â
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.
[R.O. 2004 § 610.060; 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.
[R.O. 2004 § 610.070; Ord. No.
99-38 § 7, 9-23-1999]
A.Â
A person commits the offense of furnishing material pornographic
for minors if, knowing its content or character, he/she:
1.Â
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
2.Â
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.
[R.O. 2004 § 610.080; 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.
