SECOND REGULAR SESSION
[P E R F E C T E D]
SENATE BILL NO. 870
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR BARTLE.
Pre-filed December 1, 2003, and ordered printed.
Read 2nd time January 20, 2004, and referred to the Committee on the Judiciary and Civil and Criminal Jurisprudence.
Reported from the Committee February 12, 2004, with recommendation that the bill do pass.
Taken up for Perfection February 25, 2004. Bill declared Perfected and Ordered Printed, as amended.
TERRY L. SPIELER, Secretary.
2735S.01P
AN ACT
To amend chapter 226, RSMo, by adding thereto one new section relating to billboards, with penalty provisions.
Section A. Chapter 226, RSMo, is amended by adding thereto one new section, to be known as section 226.531, to read as follows:
226.531. 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 in the performance of their duties;
(2) "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;
(3) "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;
(4) "State of nudity", any bare exposure of the skin located on a person's body below the armpits and above the knees.
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 at the time of the adoption of this section, 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.
5. This section is designed to protect the following public policy interests of this state: 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.