For the purposes of this section and unless the context plainly requires otherwise, the following definitions are adopted:
(a) Adult entertainment means any live exhibition, performance, display or dance of any type, including but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered.
(b) Adult entertainment business means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member.
(c) Employee means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult entertainment premises.
(d) Entertainer means any person who provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment.
(e) Manager means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
(f) Operator means any person operating, conducting or maintaining an adult entertainment business.
(g) Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
(h) Public place means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.
(i) Server means any person who serves food or drink at an adult entertainment business.
(j) Specified anatomical areas means (1) uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or (2) human male genitals in a discernible erect state, even if completely and opaquely covered.
(k) Specified sexual activities mean sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
(Ord. 623; Code 2016)
(a) It shall be unlawful for any person to operate or maintain an adult entertainment business in the city unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the city, or to operate such business after such license has been revoked or suspended by the city.
(b) It is unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult entertainment business.
(c) It shall be prima facia evidence that any adult entertainment business that fails to have posted, in the manner required by this section, an adult entertainment business license, has not obtained such a license. In addition, it shall be prima facia evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business in which an adult entertainment license is not posted, in the manner required by this section, had knowledge that such business was not licensed.
(Ord. 623; Code 2016)
It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment business without first obtaining a license to do so from the city, or to work as an entertainer, server or manager at an adult entertainment business after such person’s license to do so have been revoked or suspended.
(Ord. 623; Code 2016)
(a) The license year for all fees required under this article shall be from each January 1 through December 31. The application for a license shall be accompanied by payment in full of the fee stated in this section by certified or cashier’s check or money order; and no application shall be considered complete until such fee is paid.
(b) All licenses shall be issued for a specific location and shall be nonrefundable and nontransferable.
(c) The classification of licenses and fees for each shall be as follows:
(1) Adult entertainment business license fee is $1,000 per year;
(2) Adult entertainment manager’s license fee is $500 per year;
(3) Adult entertainer’s license fee is $250 per year;
(4) Adult entertainment server’s license fee is $250 per year.
(Ord. 623; Code 2016)
All persons desiring to secure a license to operate an adult entertainment business under the provision of this article shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult entertainment business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
(a) The name, residence address, home telephone number, occupation, date and place of birth and social security number of the applicant.
(b) The name of the adult entertainment business, a description of the adult entertainment to be performed on the licensed premises, and the name of the owner of the premises where the adult entertainment business will be located.
(c) The names, residence addresses, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers and directors and stockholders who own more than 10% or greater interest in the corporation.
(d) A statement from the applicant, or from all partners, or from all corporate officers and directors whether any such person or entity, in previously operating in this or another city, county or state, has had a business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
(e) A statement from the applicant, or from each partner, or from each corporate officer and director, that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
(1) A felony criminal act within five years immediately preceding the application, or
(2) A misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances.
The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation, within two years preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
(f) A full set of fingerprints and a photograph, to be taken by the police department, of the applicant, or of all partners if the applicant is a partnership, or of all corporate officers and directors if the applicant is a corporation.
(g) If the applicant is a corporation, a current certificate of registration issued by the Kansas Secretary of State.
(h) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this article regulating adult entertainment businesses.
Failure to provide the information and documentation required by this subsection shall constitute an incomplete application which shall not be processed.
(Ord. 623; Code 2016)
All persons desiring to secure a license under the provisions of this article to be an adult entertainment manager, server or entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
(a) The applicant’s name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining.
(b) The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer, and an “intent to hire” statement from an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this article, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.
(c) A statement from the applicant, that the applicant has not been convicted of, released from confinement for conviction of, or diverted from the prosecution on the following:
(1) A felony criminal act within five years immediately preceding the application, or
(2) A misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances.
(3) The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation, within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
(4) A full set of fingerprints and a photograph, to be taken by the police department, of the applicant.
(5) The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained the age of 18 years at the time the application is submitted.
Failure to provide the information required by this subsection shall constitute an incomplete application and shall not be processed.
(Ord. 623; Code 2016)
(a) If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the governing body shall examine the application, and after such examination, the governing body shall, if the applicant is qualified approve a license as provided for by law, provided a license shall not be approved to any person ineligible.
(b) The record of the governing body shall show the action taken on the application, and if the license is granted the governing body shall direct the City Clerk to issue the proper license. The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.
(c) If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant’s last known address and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law.
(Ord. 623; Code 2016)
No person is eligible, nor shall a license be issued to:
(a) An adult entertainment business applicant if one or more of the following conditions exist:
(1) the applicant’s premises is located within (1000) feet of any school, church, licensed child care center, any government building, or any other adult entertainment enterprise for which there is a license issued. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s enterprise to the nearest point on the property line of such school, church, or licensed day care center;
(2) The applicant failed to supply all of the information requested on the application;
(3) The applicant gave materially false, fraudulent or untruthful information on the application;
(4) The applicant’s proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided, that upon a showing that the premises meets said requirements and the applicant is otherwise qualified, the application shall be eligible for reconsideration by the governing body.
(5) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 5-306.
(6) The applicant has had an adult entertainment license revoked or suspended in this or any other City during the past five years.
(b) An applicant for adult entertainment manager, server or entertainer if one or more of the following conditions exist:
(1) The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in subsection (a) above;
(2) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes as set forth in 5-306.
(3) The applicant failed to provide all of the information required on the application;
(4) The applicant gave materially false, fraudulent or untruthful information on the application:
(5) The applicant has had an adult entertainment manager, server or entertainer license revoked or suspended in this or any other city during the past five years.
(Ord. 623; Code 2016)
The following standards of conduct shall be adhered to by all adult entertainment business licensees, their employees and all adult entertainment business managers, servers and entertainers and patrons of adult entertainment businesses, while on or about the premises of the business:
(a) Age restriction. Only persons 18 years of age or older shall be permitted on the premises of any adult entertainment business.
(b) Exterior observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or other physical barrier on all customer entrances that will insure observation of 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.
(c) Exterior display. No adult entertainment business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
(d) Nudity prohibited exceptions. No employee, server, or entertainer in an adult entertainment business shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area, provided;
Persons licensed as adult entertainers are not subject to these restrictions if the following conditions are met:
(1) The adult entertainer is performing solely on a stage or platform raised at least two feet above the primary level of the customer floor level, and
(2) The adult entertainer is separated from the customers by a physical barrier that effectively prevents the customers from touching the entertainer or there is a physically discernible boundary line on the stage surface beyond which the entertainer shall not perform and which is sufficiently distant from the forward edge of the stage to insure the patrons cannot touch the entertainers, and
(3) There is a sign clearly posted and observable by patrons viewing the adult entertainer that states, “Patrons are prohibited from being upon any portion of the stage where the entertainer is performing or from touching the entertainer.”
Once the adult entertainer leaves the stage area, he/she is subject to the restrictions concerning nudity stated herein.
(e) Certain act prohibited.
(1) No employee, server or entertainer shall perform any specified sexual activities as defined herein, wear or use any devise or covering exposed to view which simulates any specified anatomical area, use artificial devises or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
(2) No employee, server, entertainer or patron of an adult entertainment business shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
(3) No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
(4) No adult entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this article and no adult entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:
(A) While such entertainer is on stage a customer or patron may place such payment or gratuity into a box affixed to the stage, or
(B) While such entertainer is not on the stage and is clothed so as to not expose to view any specified anatomical area, a customer or patron may either place such payment or gratuity into the entertainer’s hand, or under a leg garter worn by such entertainer at least four inches below the bottom of the pubic regions.
(5) No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:
(A) knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises,
(B) knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises,
(C) knowingly allow or permit any person under the age of 18 years of age to be in or upon the premises,
(D) knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, or
(E) knowingly allow or permit a violation of this article, any other city ordinance or provision of state law.
(f) Lighting required. The premises of all adult entertainment businesses 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 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 on the premises.
(g) Closed booth or rooms prohibited. The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
(h) Ventilation and sanitation requirements. The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
(i) Hours of operation. No adult entertainment business may be open or in use between the hours of 12:00 midnight and 12:00 noon on any day other than Sunday. No adult entertainment business shall open for business on Sunday.
(Ord. 623; Code 2016)
(a) Every person, corporation, partnership, or association licensed under this article as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises.
(b) Every person holding an adult entertainment server, manager or entertainer license shall post his or her license in his or her work area in the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this article.
(Ord. 623; Code 2016)
(a) An adult entertainment manager shall be on duty at an adult entertainment business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
(b) It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid adult entertainer’s license or an adult entertainment server’s license and that such license are prominently posted.
(Ord. 623; Code 2016)
All adult entertainment businesses shall permit representatives of the police department or any other City official acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.
(Ord. 623; Code 2016)
Whenever the City Clerk has information that:
(a) The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this article; or
(b) There have been recurrent violations of provisions of this article that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were committed; or
(c) The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false statements in the application for such license, or renewal thereof; or
(d) The adult entertainment business licensee or the adult entertainment manager, server or entertainer licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
(e) The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 5-306; or
(f) The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provide in Section 5-306, then the City Clerk shall make this information known to the governing body, which upon five days written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The governing body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the governing body may take any of the following actions:
(1) Suspend the license for up to ninety days.
(2) Revoke the license for the remainder of the license year.
(3) Place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the article occur during the period of probation.
If a violation does occur and after a hearing the violation is determined to have actually occurred the license will be revoked for the remainder of the license year.
(Ord. 623; Code 2016)
(a) A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between December 16 and December 31.
(b) Upon timely application and review as provided for a new license, a license issued under the provisions of this article shall be renewed by issuance of a new license in the manner provided in this article.
(c) If the application for renewal of a license is not made during the time provided in subsection (a) of this section, the expiration shall not be affected, and a new application shall be required.
(Ord. 623; Code 2016)
It shall be unlawful for any person to violate any of the provisions of this article. Upon conviction thereof, such person shall be fined not less than $50 nor more than $500, or be punished by incarceration for up to six months, or both such fine and incarceration. Each day’s violation of, or failure, refusal or neglect to comply with, any provision of this article shall constitute a separate and distinct offense.
(Ord. 623; Code 2016)
The City Clerk shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his/her office and which are not inconsistent with the provisions of this article.
(Ord. 623; Code 2016)