§ 630.010. Definitions., Chapter 630. Adult Businesses, Business and Occupation, Code of Ordinances, Webb City

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

That offer the following described goods or merchandise for sale or rent:

(1)

"Adult retail establishment" means an establishment which as a regular business purpose, displays or offers for sale or rent, any one (1) or more of the following: sexually-oriented toys or novelties, lingerie, leather goods designed or marketed for use for sexual bondage or sadomasochistic practices, instruments, devices, gifts or paraphernalia which are designed to use in connection with "specified sexual activities" or clothing that graphically depicts "specified anatomical areas" or any of the materials sold or rented in an adult bookstore as defined herein.

(2)

"Adult bookstore" means an establishment which, as a regular business purpose, offers for sale or rent, books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

(3)

"Adult media outlet" means an establishment that has as a regular business purpose the rental, sale or offering for viewing off the premises or other use of any adult media.

(4)

"Adult news rack" means 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".

(5)

"Adult newsstand" means a freestanding structure, vehicle or booth which, as a regular business purpose, offers for sale, books, magazines, periodicals or other printed matter, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

Businesses that provide the following entertainment:

(1)

"Adult entertainment business" means any enterprise to which the public, patrons or members are invited or admitted, and where providing "adult entertainment", as defined herein, is a regular portion of its business.

(2)

"Adult motion picture theater" means an establishment containing a room with seats facing a screen or projection areas, where a regular portion of its business is the exhibition to customers of films, videotapes or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

(3)

"Adult theater" means an establishment located in an enclosed building where a regular portion of its business is providing the live performance of activities relating to "specified sexual activities" or exhibition of "specified anatomical areas" or live performers, for observation by customers and patrons.

(4)

"Adult entertainment cabaret" means an establishment where a regular portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances; or material which is primarily characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.

(5)

"Adult entertainment studio" (includes the terms rap studio, exotic dance studio, sensitivity studio or encounter studio) means an establishment whose premises is physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular 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".

(6)

"Adult encounter parlor" means an establishment where a regular portion of its business is the provision of premises where customers congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display "specified anatomical areas" in the presence of such customers, with the intent of providing sexual gratification or stimulation to such customers.

(7)

"Body painting studio" means an establishment where a regular portion of its business is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customers view "specified anatomical areas".

Businesses that provide the following described services:

(1)

"Bathhouse" means an enterprise where a regular 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" means an enterprise where a regular portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, magnetic tape, laser disc, CD-ROM, books, magazines or periodicals, 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 rents room accommodations for less than six (6) hours at a time.

(3)

"Escort service" means the offer of accompaniment for hire of a male or female companion.

(4)

"Adult entertainment" means any live 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 where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered.

(5)

"Adult media" means 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".

(6)

"Adult video viewing booth" means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat customers or patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction 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 customers or 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. Note: as of the date of the adoption of this definition, there are no known "adult video viewing booths" within the City, and the zoning ordinance specifically does not list this as a permitted use in any existing zoning district.

(7)

"Contagious and communicable diseases" means those diseases which are set out in the Missouri Code of State Regulations, Department of Health, 19 C.S.R. 20-20.020, as amended.

(8)

"Employee" means 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.

(9)

"Entertainer" means any person who provides adult entertainment within an adult entertainment business as defined in this Section, whether or not a fee is charged or accepted for entertainment.

(10)

"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.

(11)

"Minor" means any person less than eighteen (18) years of age.

(12)

"Nude or nudity" means 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.

(13)

"Operator" means any person operating, conducting or maintaining an adult business.

(14)

"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, 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.

(15)

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

(16)

"Premises" means any place of business of an adult business which shall include the entire lot and building occupied by the adult business and any other property owned, leased or controlled by the adult business including any parking areas adjacent to the business which are regularly utilized by employees, entertainers, servers, managers or customers of such business.

(17)

"Public place" means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.

(18)

"Server" means any person who serves food or drink at an adult entertainment business.

(19)

"Specified anatomical areas" means:

(a)

Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or

(b)

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

(20)

"Specified sexual activities" means sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

(21)

"Sexually-oriented toys or novelties" means 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 matter in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.