§ 10-130. Definitions.

For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

(a)

Adult business means any business;

(1)

That has a significant purpose the sale, barter or rental of merchandise or media that is intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

That has as one of its business purposes:

a.

The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or

b.

The providing of services that are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas, or allow participation in specified sexual activities.

(3)

The definition of "adult business" also includes but is not limited to:

a.

Businesses that provide entertainment including but not limited to:

1.

Adult entertainment business meaning any business to which the public, patrons or members are invited or admitted, and where "adult entertainment" is provided.

2.

The definition of "adult entertainment business" includes, but is not limited to, an establishment with a screen or projection areas, where a significant portion of its business is the exhibition to patrons of films, videotapes or motion pictures, where materials are displayed or live performances occur, which are intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and establishments where a significant portion of the business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.

b.

Businesses that provide services including but not limited to:

1.

Bath house meaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.

2.

Adult motel meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six hours at a time.

(4)

The term "adult business" does not include a properly licensed and operating business located in an area other than a residential area which hosts, stages or otherwise offers "Chippendale" evenings or other similar events (including but not limited to the female equivalency of Chippendales) provided such events, in the aggregate, occur no more often than once per quarter of any calendar year.

(b)

Adult entertainment means any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises (i) where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or (ii) if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose specified anatomical areas to view, even if completely and opaquely covered.

(c)

Contagious and communicable diseases means those diseases which are set out in the Missouri statutes and regulations.

(d)

Employee means any and all persons, including but not limited to managers, entertainers, servers and independent contractors, who work in or at or render any services related to the operation of an adult business.

(e)

Entertainer means any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for entertainment.

(f)

Manager means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity at any adult business.

(g)

Minor means any person less than 18 years of age.

(h)

Operate means to own, conduct or maintain the affairs of an adult business.

(i)

Patron means any person who enters an adult business without regard to whether a purchase is made from the adult business or compensation is paid to the adult business or any employee of the adult business for merchandise, entertainment or service.

(j)

Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.

(k)

Server means any person, other than an entertainer, who serves food or drink at an adult business.

(l)

Significant portion or significant purpose means:

(1)

Twenty-five per cent or more of the sales or gross receipts, measured in dollars over any consecutive 90-day period, derived from such items or use;

(2)

Twenty-five per cent or more of the number of sales, transactions, measured over any consecutive 90-day period, of such items or use;

(3)

Twenty-five per cent or more of the dollar value of all merchandise displayed at any time attributable to such items;

(4)

Twenty-five per cent or more of all inventory consists of such items at any time;

(5)

(a)
Ten per cent or more of the floor area of the business (not including storerooms, stock areas, bath rooms, basements or any portion of the business not open to the public) devoted to such use or items at any time.

(m)

Specified anatomical areas means (1) uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or (2) human male genitals exposed or in a discernibly erect state even if completely and opaquely covered.

(n)

Specified sexual activities means sexual conduct, including actual or simulated acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires; or any sadomasochistic abuse or acts involving animals or any latent objects or artificial device or inanimate objects in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires.

(Ord. No. 3438, § 2, 9-15-97)