Wildwood City Zoning Code
SECTION 415
590 Sexually Oriented Businesses.
[R.O. 1997 § 415.590; Ord. No. 1411 §§ 1—2, 6-11-2007; Ord. No. 2201 § 5, 8-8-2016]
A.
Purpose And Findings. It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety and general welfare of the residents of the City and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article I, Section 8 of the Missouri Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material.
B. ADULT ARCADE ADULT BOOKSTORE or ADULT VIDEO STORE1. 2. 3. 4. 5. 6. ADULT CABARET ADULT ENTERTAINMENT ADULT MOTION PICTURE THEATER CHARACTERIZED BY CHILD EMPLOY, EMPLOYEE or EMPLOYMENT ENTERTAINER ESTABLISH or ESTABLISHMENT1. 2. 3. MAINSTREAM MEDIA OUTLETS MANAGER MATERIAL MEDIA OUTLETS MINOR NUDITY or STATE OF NUDITY OBSCENITY or OBSCENE1. 2. 3. OPAQUE COVERING OPERATOR PERFORMANCE PREMISES REGULARLY SADOMASOCHISTIC ABUSE SEMI-NUDE MODEL STUDIO1. 2. 3. SEMI-NUDE or STATE OF SEMI-NUDITY SEXUAL CONDUCT SEXUAL ENCOUNTER CENTER SEXUAL INTERCOURSE SEXUALLY ORIENTED BUSINESS SEXUALLY ORIENTED MATERIALS SPECIFIED ANATOMICAL AREA SPECIFIED SEXUAL ACTIVITY SUBSTANTIAL VIEWING ROOM
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
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, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
A commercial establishment which, as one (1) of its principal business activities, offers sexually oriented materials for sale or rental for any form of consideration. A principal business activity exists where the commercial establishment:
Has a substantial portion of its displayed merchandise which consists of such items; or
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space for the sale or rental of such items; or
Maintains an adult arcade.
A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude.
Any live exhibition, performance or dance characterized by the exposure of any specified anatomical areas even if covered by translucent clothing or by specified sexual activities or by appearance of persons in attire, costume or clothing so as to emphasize or expose, even through opaque covering, the view to specified anatomical areas.
A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.
Describing the essential character or dominant theme of an item.
See "minor."
Any person 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, manager, entertainer or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
Any person who provides adult entertainment at a sexually oriented business described herein, whether or not a fee is accepted for the entertainment.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new business;
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
The addition of any sexually oriented business to any other existing sexually oriented business.
Any video store, bookstore or a newsstand that carries more than ten percent (10%) sexually oriented material but less than thirty percent (30%).
Any person who manages, directs, administers or is in charge of the affairs and for conduct of any portion of any activity involving adult entertainment occurring at any sexually oriented business.
Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects.
Any video store, bookstore or a newsstand that carries ten percent (10%) sexually oriented material or less.
Any person less than eighteen (18) years of age.
The showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola.
Any material or performance is obscene if, taken as a whole:
Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and
A reasonable person would find the material lacks serious literary, artistic, political or scientific value.
Non-transparent clothing or other similar object or substance. This term does not include body paint, body dyes, tattoos, liquid latex, whether wet or dried, and other similar substances.
Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business.
Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.
The real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both.
The consistent and repeated doing of the act so described.
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
A place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:
By a college, junior college, or university supported entirely or partly by taxation;
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
Actual or simulated, normal or perverted acts of human masturbation; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
A business or commercial enterprise that, as one (1) of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is semi-nude.
Any penetration, however slight, of the female genitalia by the penis. Sexual intercourse also includes any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
Magazines, books, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, other visual representations, or other devices used to record computer images or other media which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.
Includes any of the following:
At least thirty percent (30%) of the item or items so modified.
The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching sexually oriented materials.
C.
Massage Businesses. Only massage businesses that are defined in and regulated by Chapter 324, RSMo., will be allowed in the City.
D.
Location Of Sexually Oriented Businesses. No sexually oriented business shall be located or situated at a distance of less than one thousand (1,000) feet of any preexisting primary or secondary school, State-licensed day care facility, church or house of worship, public library, hospital, public park, any property used for residential purposes, or other sexually oriented business. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, State-licensed day care facility, church or house of worship, public library, hospital, public park, any property used for residential purposes, or other sexually oriented business.
E.
Standards For Physical Design Of The Premises.
1.
The premises of all sexually oriented businesses will be so constructed as to include a foyer, partition or other physical barrier on all customer entrances that will ensure the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
2.
There must be continuous physical, video or window surveillance of the premises.
3.
Lighting Required. The premises of all sexually oriented business shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level and such illumination must be maintained at all times that any customer or patron is present in or upon the premises. All exterior lighting shall comply with Section 415.450 of the Municipal Code.
4.
The business must provide restrooms for customer use.
F.
Signage And Parking Requirements. Sign regulations are set forth in Section 415.420, Sign Regulations for All "C" and "M" Districts, of this Chapter and off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 of the Municipal Code.