Section 226.531

Title XIV ROADS AND WATERWAYS

Chapter 226

Effective - 28 Aug 2004   

  226.531.  Definitions — sexually oriented billboards prohibited, when — existing billboards to be conforming, when — violation, penalty. — 1.  As used in this section the following terms mean:

  (1)  "Adult cabaret", a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity, as defined in section 573.500^*, or seminudity, in the performance of their duties;

  (2)  "Seminudity", 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;

  (3)  "Sexually oriented business", any business which offers its patrons goods of which a substantial portion are sexually oriented materials.  Any business where more than ten percent of display space is used for sexually oriented materials shall be presumed to be a sexually oriented business;

  (4)  "Sexually oriented materials", any textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors.

  2.  No billboard or other exterior advertising sign for an adult cabaret or sexually oriented business shall be located within one mile of any state highway except if such business is located within one mile of a state highway then the business may display a maximum of two exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that the premises are off limits to minors.  The identification sign shall be no more than forty square feet in size and shall include no more than the following information:  name, street address, telephone number, and operating hours of the business.

  3.  Signs existing on^** August 28, 2004, which did not conform to the requirements of this section, may be allowed to continue as a nonconforming use, but should be made to conform within three years from August 28, 2004.

  4.  Any owner of such a business who violates the provisions of this section shall be guilty of a class C misdemeanor.  Each week a violation of this section continues to exist shall constitute a separate offense.

  5.  This section is designed to protect the following public policy interests of this state, including but not limited to:  to mitigate the adverse secondary effects of sexually oriented businesses, to improve traffic safety, to limit harm to minors, and to reduce prostitution, crime, juvenile delinquency, deterioration in property values, and lethargy in neighborhood improvement efforts.

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(L. 2004 S.B. 870)

*Section 573.500 was repealed by S.B. 491, 2014, effective 1-01-17.

**Word "on" does not appear in original rolls.

(2005) Section does not violate First Amendment protection of commercial speech, is not an unconstitutional taking without compensation, and does not violate the Equal Protection Clause. Passions Video, Inc. v. Nixon, 375 F.Supp.2d 866 (W.D.Mo.).

(2006) Statutory restriction on advertising by sexually oriented businesses was unconstitutional infringement on commercial speech.  Passions Video, Inc. v. Nixon, 458 F.3d 837 (8th Cir.).