Kingdom City Definitions ordinance (§ 605.120)

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

ADULT BUSINESS: Any business:

1. That has as a substantial or significant purpose the sale or rental of merchandise that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or

2. That has as one of its regular and substantial 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 arousal or excitement or that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits, or allow participation in specified sexual activities ancillary to other pursuits.

3. The definition of "adult business" also includes but is not limited to any and all of the following specific adult businesses, as defined herein:

a. Businesses that offer merchandise for sale or rent.

(1) ADULT MEDIA OUTLET

(a) A business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of adult media. For purposes of this definition, it shall be presumed that a substantial or significant portion of a business is devoted to the sale or rental of adult media if any one (1) or more of the following criteria are satisfied:

(i) Twenty-five percent (25%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period is derived from adult media;

(ii) Twenty-five percent (25%) or more of the number of transactions measured over any consecutive ninety-day period relate to adult media;

(iii) Twenty-five percent (25%) or more of the dollar value of all merchandise displayed at any time is attributable to adult media;

(iv) Twenty-five percent (25%) or more of the inventory consists of adult media at any time; or

(v) Twenty-five percent (25%) or more of the merchandise displayed for sale or rental consists of adult media at any time; or

(vi) Twenty-five percent (25%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to adult media at any time.

(b) The presumption that a substantial or significant portion of a business is devoted to the sale or rental of adult media, based upon the above guidelines, shall be rebuttable.

(2) ADULT NEWSRACK Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(3) ADULT RETAIL ESTABLISHMENT A business that displays or offers good for sale or rent and that meets any of the following tests:

(a) It displays or offers for sale or rent items from any two (2) of the following categories: sexually-oriented toys or novelties; lingerie; clothing that graphically depicts specified anatomical area; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:

(i) Ten percent (10%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period; or

(ii) Ten percent (10%) or more of the number of sales transactions, measured over any consecutive ninety-day period; or

(iii) Ten percent (10%) or more of the dollar value of all merchandise displayed at any time; or

(iv) Ten percent (10%) or more of all inventory at any time; or

(v) Ten percent (10%) or more of the merchandise displayed for sale at any time; or

(vi) Ten percent (10%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) at any time.

(b) Any sales (including rentals), measured in dollars over any consecutive ninety- day period is derived from sexually-oriented toys or novelties; or

(c) Any sales transactions, measured over any consecutive ninety-day period, relate to sexually-oriented toys or novelties; or

(d) Any dollar value of all merchandise displayed at any time is attributable to sexually-oriented toys or novelties; or

(e) All inventory of sexually-oriented toys or novelties at any time; or

(f) Any merchandise displayed for sale consists of sexually-oriented toys or novelties at any time; or

(g) Five percent (5%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to sexually-oriented toys or novelties at any time.

b. Businesses that provide entertainment.

(1) ADULT ENTERTAINMENT BUSINESS

(a) Any business to which the public, patrons or members are invited or admitted, and where providing adult entertainment, as defined herein, as a regular and substantial portion of its business.

(b) Also includes, but is not limited to, any and all of the following specific adult entertainment businesses, as defined herein:

(i) ADULT MOTION-PICTURE THEATER An establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(ii) ADULT THEATER An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by patrons.

(iii) ADULT ENTERTAINMENT CABARET An establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.

(iv) ADULT ENTERTAINMENT STUDIO (Includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio.") An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.

(v) ADULT ENCOUNTER PARLOR An establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patrons.

(vi) BODY PAINTING STUDIO An establishment where a regular and substantial portion of its 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.

c. Businesses that provide services.

(1) BATHHOUSE An enterprise where a regular and substantial 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 An enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area by any photographic, electronic, magnetic tape, digital or other medium (including but not limited to film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodical) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.

(3) ADULT ENTERTAINMENT 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 on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment depicts, portrays, exhibits or displays specified anatomical areas or specified sexual activities.

(4) ADULT MEDIA Books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films, CD-ROMs or other devices used to record computer images, or other media which are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

(5) ADULT VIDEO VIEWING BOOTH Any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books magazines or periodicals) for observation by patrons therein, adult video viewing booths are sometimes referred to as "peep shows," "adult video arcades," "panorams" and "adult mini motion-picture theaters." An adult video viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or a portion thereof which contains more than one hundred fifty (150) square feet of gross floor area.

(6) ADULT ARCADE Any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically, or mechanically controlled still- or motion- picture machines, projectors, videos, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

CONTAGIOUS AND COMMUNICABLE DISEASES: Those diseases which are set out in Missouri Code of State Regulations, Department of Health, 19 CSR 20-20.020, as amended.

EMPLOYEE: Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult business.

ENTERTAINER: Any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for entertainment.

ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

MANAGER: 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.

MINOR: Any person less than eighteen (18) years of age. NUDE or NUDITY The appearance of the human bare buttocks, anus, human genitals, the areola or the nipple of the female breast or a state of dress which fails to opaquely or fully cover the anus, human genitals or the areola or the nipple of the female breast.

OPERATE: To own, conduct or maintain the affairs of any adult business.

OPERATOR: Any person owning, operating, conducting or maintaining an adult business.

PATRON: 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, provided that the term "patron" shall not include persons who enter an adult business for the sole purpose of providing service or merchandise to the adult business and who do not remain in the adult business after the purpose had been accomplished, including, but not limited to, persons performing construction, repair or maintenance on the premises or delivering goods or merchandise to the adult business and any such similar activity.

PERSON: Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.

SERVER: Any person who serves food and drink at an adult entertainment business. SEXUALLY ORIENTED TOYS OR NOVELTIES

1. Instruments, devices or paraphernalia which either depict specified anatomical areas or are designed or marketed for use in connection with specified sexual activities. In determining whether an item is designed or marketed for use in connection with specified sexual activities, the following guidelines may be considered:

a. Expert testimony as to the principal use of the item;

b. Evidence concerning the total business of a person or business or a person or business establishment and the type of merchandise involved in the business;

c. National and local advertising concerning the use of the item;

d. Evidence of advertising concerning the nature of the business establishment;

e. Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;

f. The physical or structural characteristics of the item; or

g. The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.

2. Any person may request an interpretive ruling from the Village Clerk, or his/her designee, as to whether a particular item is considered by the Village to be designed or marketed for use in connection with specified sexual activities. An application for an interpretative ruling shall be made in writing on a form provided by the Village Clerk, and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Village Clerk shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the Village Clerk may be appealed to the Board of Trustees within fifteen (15) days following the date of the interpretive ruling by submitting a written notice of appeal to the Village Clerk. SPECIFIED ANATOMICAL AREAS

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 in a discernibly erect state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Any of the following acts of intended sexual arousal or excitement:

1. Sexual conduct, including, but not limited to, actual or simulated acts of sexual intercourse, masturbation, oral copulation or sodomy;

2. Fondling or other intentional touching of a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female;

3. Sadomasochistic acts; or

4. Acts involving animals or latent objects.