226.531. Definitions--sexually oriented billboards prohibited, when--existing billboards to be conforming, when--violation, penalty. - Missouri Statutes

Definitions--sexually oriented billboards prohibited, when--existingbillboards to be conforming, when--violation, penalty.

226.531. 1. As used in this section the following terms mean:

(1) "Adult cabaret", a nightclub, bar, restaurant, or similarestablishment in which persons appear in a state of nudity, as defined insection 573.500, RSMo, or seminudity, in the performance of their duties;

(2) "Seminudity", a state of dress in which opaque clothing fails tocover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nippleand areola of the female breast below a horizontal line across the top of theareola at its highest point. Seminudity shall include the entire lowerportion of the female breast, but shall not include any portion of thecleavage of the human female breast exhibited by wearing apparel provided theareola is not exposed in whole or part;

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

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

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

3. Signs existing on* August 28, 2004, which did not conform to therequirements of this section, may be allowed to continue as a nonconforminguse, 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 thissection shall be guilty of a class C misdemeanor. Each week a violation ofthis section continues to exist shall constitute a separate offense.

5. This section is designed to protect the following public policyinterests of this state, including but not limited to: to mitigate theadverse secondary effects of sexually oriented businesses, to improve trafficsafety, to limit harm to minors, and to reduce prostitution, crime, juveniledelinquency, deterioration in property values, and lethargy in neighborhoodimprovement efforts.

(L. 2004 S.B. 870)

*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.).