Section 573.528

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 573

Effective - 28 Aug 2010, 2 histories, see footnote   (history) 

  *573.528.  Until December 31, 2016 — Definitions. — For purposes of sections 573.525 to 573.537, the following terms shall mean:

  (1)  "Adult bookstore" or "adult video store", a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following:  books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.  A "principal business activity" exists where the commercial establishment:

  (a)  Has a substantial portion of its displayed merchandise which consists of such items; or

  (b)  Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or

  (c)  Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or

  (d)  Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or

  (e)  Maintains a substantial section of its interior business space for the sale or rental of such items; or

  (f)  Maintains an adult arcade.  "Adult arcade" means 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 or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas;

  (2)  "Adult cabaret", 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;

  (3)  "Adult motion picture theater", 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 persons for any form of consideration;

  (4)  "Characterized by", describing the essential character or dominant theme of an item;

  (5)  "Employ", "employee", or "employment", describe and pertain to 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, 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;

  (6)  "Establish" or "establishment", any of the following:

  (a)  The opening or commencement of any sexually oriented business as a new business;

  (b)  The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

  (c)  The addition of any sexually oriented business to any other existing sexually oriented business;

  (7)  "Influential interest", any of the following:

  (a)  The actual power to operate the sexually oriented business or control the operation, management, or policies of the sexually oriented business or legal entity which operates the sexually oriented business;

  (b)  Ownership of a financial interest of thirty percent or more of a business or of any class of voting securities of a business; or

  (c)  Holding an office, such as president, vice president, secretary, treasurer, managing member, or managing director, in a legal entity which operates the sexually oriented business;

  (8)  "Nudity" or "state of nudity", the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola;

  (9)  "Operator", any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who 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;

  (10)  "Premises", the real property upon which the 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;

  (11)  "Regularly", the consistent and repeated doing of the act so described;

  (12)  "Semi-nude" or "state of semi-nudity", 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;

  (13)  "Semi-nude model studio", 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:

  (a)  By a college, junior college, or university supported entirely or partly by taxation;

  (b)  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

  (c)  In a structure:

  a.  Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

  b.  Where, in order to participate in a class, a student must enroll at least three days in advance of the class;

  (14)  "Sexual encounter center", a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude;

  (15)  "Sexually oriented business", an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual encounter center;

  (16)  "Specified anatomical areas":

  (a)  Less than completely and opaquely covered:  human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

  (b)  Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

  (17)  "Specified criminal act", any of the following specified offenses for which less than eight years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:

  (a)  Rape and sexual assault offenses;

  (b)  Sexual offenses involving minors;

  (c)  Offenses involving prostitution;

  (d)  Obscenity offenses;

  (e)  Offenses involving money laundering;

  (f)  Offenses involving tax evasion;

  (g)  Any attempt, solicitation, or conspiracy to commit one of the offenses listed in paragraphs (a) to (f) of this subdivision; or

  (h)  Any offense committed in another jurisdiction which if committed in this state would have constituted an offense listed in paragraphs (a) to (g) of this subdivision;

  (18)  "Specified sexual activity", any of the following:

  (a)  Intercourse, oral copulation, masturbation, or sodomy; or

  (b)  Excretory functions as a part of or in connection with any of the activities described in paragraph (a) of this subdivision;

  (19)  "Substantial", at least thirty percent of the item or items so modified;

  (20)  "Viewing room", the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, digital video disc, or other video reproduction.

­­--------

(L. 2010 S.B. 586 & 617)

*This section was repealed by S.B. 491, 2014, effective 1-01-17.  Due to the delayed repeal date, the version of this section in effect until 12-31-16 is printed here.