For the purpose of this article and unless the context otherwise requires, the following definitions are adopted:
(a) Employee - Any and all persons, including managers, servers, and entertainers who work in or at or render services directly related to, the operation of a sexually oriented entertainment business.
(b) Entertainer - Any and all persons, including managers, servers, and entertainers who work in or at or render services directly related to, the operation of a sexually oriented entertainment business.
(c) Manager - Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving sexually oriented entertainment business occurring at any sexually oriented entertainment premises.
(d) Operator - Any person operating, conducting or maintaining a sexually oriented entertainment business.
(e) Patron - Any person attending, viewing the performance of an entertainer, purchasing or consuming food or drink, or otherwise entering a sexually oriented business, regardless of whether a fee or charge was exacted.
(f) Person - Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
(g) Premises - The physical location of a sexually oriented entertainment business, including all private property under ownership, lease or right of access by the owner of a sexually oriented entertainment business adjacent to the primary business location, including private parking lots and entrance areas.
(h) Server - Any person who serves food or drink at a sexually oriented entertainment business.
(i) Sexually Oriented Entertainment - Any live exhibition, performance, display or dance of any type, including but not limited to talking; signing; 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 specified anatomical areas. Sexually oriented entertainment is sometimes hereinafter referred to as “SOE.”
(j) Sexually Oriented Entertainment Business - Any premises to which the public, patrons or members are invited or admitted on a continuing business basis and wherein an entertainer provides sexually oriented entertainment to a member of the public, a patron, an employee, or a member. A sexually oriented entertainment business is sometimes hereinafter referred to as an “SOE business.”
(k) Specified Anatomical Areas - Uncovered or exposed human genitals, pubic region, vulva, pubic hair, anus, 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.
(l) Specified Sexual Activities - 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, anus, or the breast of a female or any sadomasochistic abuse or acts including the use of animals or any latent objects, in an act of apparent sexual stimulation or gratification.
(Ord. 897, Sec. 2)
(a) It shall be unlawful for any person to operate or maintain a SOE business in the city unless the owner, operator or lessee has obtained an SOE business license from the city, or operates such business after such license has been revoked or suspended by the city.
(b) It shall be unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed SOE business.
(c) It shall be prima facie evidence that any SOE business that fails to have posted, in the manner required by this section, a SOE business license, has not obtained a license or such license has been revoked or suspended by the city. In addition, it shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in a SOE business in which an SOE license is not posted, in the matter required by this article, had knowledge that such business was not licensed.
(Ord. 897, Sec. 2)
It shall be unlawful for any person to work as an entertainer or manager at a SOE Business without first obtaining a license to do so pursuant to this article or to work as an entertainer or manager at a SOE business after such person’s license to do so has been revoked or suspended. All managers and entertainers shall be a minimum of 18 years of age. All managers and entertainers shall be employees of the owner.
(Ord. 897, Sec. 2)
(a) The license year for all fees required under this article shall be from each January 1st through December 31st. The application for a license shall be accompanied by payment in full of the fee stated in this article. Fees for a partial year shall be pro-rated on a monthly basis. 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, nontransferable, and non-assignable.
(c) The classification of licenses and fees for each year shall be as follows:
(1) SOE business license fee is $500.00 per year;
(2) SOE manager’s license fee is $50.00 per year; and
(3) SOE entertainer’s license fee is $50.00 per year.
Such fees shall be in addition to fees charged by the police department pursuant to the city code for fingerprinting and photographing applicants as required by this article.
(Ord. 897, Sec. 2)
All persons desiring to secure a license to operate a SOE Business under the provisions 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 SOE 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. If a corporation or partnership, the federal tax identification number shall be supplied. The Kansas retail sales tax number shall be supplied.
(b) The name of the SOE business, a description of the SOE to be performed on the premises, and the name of the owner of the premises where the SOE Business will be located. If the property is leased or rented, the applicant shall supply a copy of the lease or rental agreement. The applicant shall supply a site plan of the building or building(s).
(c) The names, residence addresses, social security numbers and dates of birth 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) The addresses of the applicant, or of all partners, or of all corporate officers and directors for the five years immediately prior to the date of application.
(e) 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 any other 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.
(f) A statement of the business, occupation or employment of the applicant, or of all partners, or of all corporate offices and directors for the three years immediately preceding the date of the application.
(g) 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 five 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 other state statutes of similar applicability, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other state statutes of similar applicability 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 or diverted from prosecution on a municipal ordinance violation, within two years immediately preceding the application where such municipal ordinance violation involved sexual offense, indecent exposure, prostitution o sale of controlled substances or illegal drugs or narcotics.
(h) 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.
(i) If the applicant is a corporation, a current certificate of registration issued by the Kansas Secretary of State. If the applicant is a foreign corporation, a certified copy of the registration as a foreign corporation.
(j) A statement signed under oath that the applicant has person 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 businesses. Failure to provide the information and documentation required by this subsection shall constitute an incomplete application which shall not be processed.
(Ord. 897, Sec. 2)
All persons desiring to secure a license under the provisions of this article to be an SOE manager or entertainer shall make a verified application to the city clerk. All applications shall be submitted on a form supplied by the city clerk and shall require the following information:
(a) The applicant’s name, residence address, residence telephone number, date and place of birth, and social security number.
(b) The name and address of each SOE business where the applicant intends to work as a manger or entertainer, and an “intent to hire” statement from a SOE business that is licensed, or that has applied for a license, under the provisions of this article, indicating the SOE business intends to hire the applicant to manager or entertainer 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 prosecution on:
(1) A felony criminal act within five years immediately preceding the application; or
(2) A misdemeanor criminal act within five 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 as defined in the Kansas Controlled Substances Act or other statutes or ordinances.
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.
(d) A full set of fingerprints and a photograph, to be taken by the police department, of the applicant.
(e) The applicant shall present to the city clerk for copying a document that the applicant has attained the age of 18 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
(1) A motor vehicle operator’s license issued by the state or other competent jurisdiction, bearing the applicant’s photograph and date of birth;
(2) A state issued identification card bearing the applicant’s photograph and date of birth;
(3) An official and valid passport issued by the United States of America; or
(4) An immigration card issued by the United States of America.
Failure to provide the information required by this article shall constitute an incomplete application and shall not be processed.
(Ord. 897, Sec. 2)
Upon receipt of a complete application for a SOE Business license or a SOE managers’ or entertainers’ license, the city clerk shall immediately transmit one copy of the verified application to the chief of police for investigation of the application. It shall be the duty of the chief of police to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The chief of police shall report the results of the investigation to the city clerk not later than 10 working days from the date the application is received by the city. It shall be the duty of the fire chief and the zoning and codes administrator to determine whether the structure where the SOE business will be conducted complies with the requirements and meets the standards of the applicable zoning, building code and other code provisions. They shall report the results of their investigation to the city clerk not later than 10 working days from the date the application is received by the city clerk.
(Ord. 897, Sec. 2)
If the application for a SOE business, SOE manager or entertainer is in proper form and accompanied by the appropriate license fee, the city clerk shall issue the license as provided by law, provided a license shall not be issued to any person ineligible pursuant to sections 5-409:410. The city clerk shall either approve or disapprove a license application within 15 working days from the date the application is received by the city clerk. Failure to approve or disapprove shall not mean approval if a valid reason exists for not making the determination in a timely manner.
The license shall state that it is not transferable to other persons or locations 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. If the application for a license is disapproved, the applicant shall be immediately notified by 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. 897, Sec. 2)
An SOE business license shall not be issued if any one of the following conditions is met:
(a) The applicant’s premises is located within 200 feet of any school, church or bona fide religious assembly location, child care center licensed by the Kansas Department of Health and Environment, city park or property zoned, pursuant to Chapter 16 of the city code, for residential dwelling purposes. 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 premises to the nearest point on the property line of such school, church or bona fide religious assembly location, licensed child care center, city park or property zoned residential.
(b) The applicant’s premises is located within 750 feet of any other SOE business 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 premises to the nearest point on the property line of such other SOE business.
(c) The applicant’s premises is located within 200 feet of any business licensed by the city to sell (1) alcoholic liquor or cereal malt beverages for consumption on the premises of the alcoholic liquor or cereal malt beverage establishment, or (2) alcoholic liquor or cereal malt beverages in the original package for consumption off of and away from the premises. 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 premises to the nearest point on the property line of any such business.
(d) The applicant failed to supply all of the information required on the application.
(e) The applicant gave materially false, fraudulent or untruthful information on the application.
(f) 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 provisions of the city code.
(g) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in 5-405 during the time period set forth in the section.
(h) The applicant has had a SOE license revoked or suspended in this or any other jurisdiction during the past five years.
(Ord. 897, Sec. 2; Ord. 899, Secs. 1:2)
No person is eligible nor shall a license be issued to an applicant for a SOE manager, server or entertainer if one or more of the following conditions exist:
(a) The employer for whom the applicant intends to work does not have or is ineligible to receive a SOE business license for any of the reason stated in 5-409.
(b) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in 5-406 during the term period set forth in such section.
(c) The applicant failed to provide all of the information required on the application.
(d) The applicant gave materially false, fraudulent or untruthful information on the application.
(e) The applicant has had a SOE manager or entertainer license revoked or suspended in this or any other city during the past five years.
(Ord. 897, Sec. 2)
It shall be unlawful for any licensee, owner, manager or entertainer and patrons of a SOE business, while on or about the premises of the business to fail to comply with the following standards of conduct.
(a) Age Restriction. Only persons 18 years of age or older shall be permitted on the premises of an SOE business. The manager or manager’s representative shall verify the age by one of the following methods:
(1) A motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;
(2) State-issued identification card bearing the applicant’s photograph and date of birth;
(3) An official and valid passport issued by the United States of America; or
(4) An immigration card issued by the United States of America.
Failure to verify the age of patrons shall be considered a violation of this article.
(b) Exterior Observation. The premises of all the SOE businesses shall be constructed to include a partition or other physical barrier on all customer entrances that will ensure that observation of the interior of the business 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 a partition or other physical barrier shall be covered so as to prevent observation of the interior of the premises from the exterior of the building. No SOE business shall be conducted in a manner that permits the observation of live entertainers, servers, or employees from the exterior of the building.
(c) Exterior Signs. The SOE business shall not be permitted to display a sign advertising the sale, consumption, or possession of alcoholic liquor or cereal malt beverages on the premises. The SOE business shall only be permitted to install one wall sign, pursuant to the city sign code provisions, that shall not exceed the size of 10 percent of the wall to which it is attached. The wall sign shall not display or depict “specified sexual activities” or “specified anatomical area”.
(d) Nudity Prohibited, Exceptions.
(1) No employer, server, entertainer or patron in an SOE business shall appear in any fashion that exposes to view any specific anatomical area; provided,
(2) Persons licensed as adult entertainers are not subject to the restrictions of (d)(1), if the following conditions are met:
(A) The SOE entertainer is performing solely on a stage or platform raised at least 18 inches above the primary level of the customer floor level and such stage is separated from patrons by a solid physical barrier at least 30 inches in height and five feet in distance from the stage. The effect of the barrier shall be to keep patrons a minimum of five feet from the stage and the entertainer performing on the stage.
(B) Patrons are prohibited from being on any portion of the stage. Patrons are prohibited from touching the entertainer while the entertainer is on the stage.
(C) There is a sign clearly posted and observable by patrons viewing the SOE entertainer that states: “Patrons are prohibited from being upon any portion of the stage and are prohibited from touching the entertainer while the entertainer is on the stage.”
(e) Certain Acts Prohibited:
(1) No employee, server or entertainer shall perform any specified sexual activities as defined in this article, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict an of the specified sexual activities as defined in this article, or participate in any act of prostitution.
(2) No employee, server, entertainer or patron of an SOE business shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or cares any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed. Touch shall mean “to put the hand, finger, or some other part of the body on, so as to feel.”
(3) No employee, server or entertainer of an SOE business shall be visible from the exterior of the SOE business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
(4) No SOE entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this article and no SOE entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:
(A) While such entertainer is on the stage a 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 a specified anatomical area, a 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 region.
(5) No owner, operator, manger or other person in charge of the premises of an SOE business 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 permit any act of prostitution or patronizing prostitution on the premises; or
(E) Knowingly allow or permit a violation of its article, other city provisions or state law.
(f) Hours of Operation. No sexually oriented entertainment business may be open or in use between the hours of 12:00 midnight and 9:00 a.m. Only employees of the SOE business shall be permitted in or upon the premises of the business between the hours of 12:00 midnight and 9:00 a.m.
(g) Closed Booths or Rooms Prohibited. Every SOE business shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein sexually oriented entertainment is provided, shall be visible from the common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever.
(h) Alcohol Prohibited. No employee, patron, manager, entertainer, owner or other person shall consume or possess any alcoholic liquor or cereal malt beverage in an SOE business or premises. An SOE business shall not share a common interior entrance or access area with a business licensed by the city to sell alcoholic liquor or cereal malt beverages. The owner and manager of the SOE business shall report all known violations of consumption or possession of alcoholic beverages or cereal malt beverages in the SOE business, premises or private parking facility to the police department in a timely manner.
(i) Intoxicated Persons Not Allowed Admittance. The manager shall not knowingly allow the admittance into a SOE business of a person who is physically or mentally incapacitated by the consumption of alcoholic liquor or cereal malt beverages.
(j) Lighting Required; Interior and Exterior. The interior premises of an SOE business 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 the interior premises. The exterior premises, including any private parking area owned, leased or with a right of access by the SOE business shall be equipped with adequate lighting pursuant to the zoning code provisions of the city code.
(Ord. 897, Sec. 2)
Every act or omission by an employee of an SOE business constituting a violation of the provisions of this article shall be deemed the act or omission of the owner, if such act or omission occurs either with the authorization, knowledge, or approval of the owner, or as a result of the owner’s negligent failure to supervise the employee’s conduct, and the owner shall be punishable for such act or omission in the same manner as if the owner committed the act or caused the omission. The owner shall be responsible for the conduct of all employees while on the premises and any act or omission of any employee while on the premises constituting a violation of the provisions of this article shall be deemed the act or omission of the owner for purposes of determining whether the owner’s license shall be revoked, suspended or renewed.
(Ord. 897, Sec. 2)
Every person licensed under this article as an SOE Business shall post the license in a conspicuous place on the premises. Every person holding an SOE managers’, servers’ or entertainers’ license shall post his or her license in a conspicuous place on the premises so that it shall be readily available for inspection by city authorities responsible for the enforcement of this article.
(Ord. 897, Sec. 2)
An SOE manager shall be on duty at an SOE business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
(Ord. 897, Sec. 2)
All SOE 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 ensure the business is complying with all applicable regulations and laws.
(Ord. 897, Sec. 2)
Whenever the city clerk has information that:
(a) The owner or operator of an SOE business or a holder of an SOE managers’, servers’ or entertainers’ license has violated, or knowingly allowed or permitted the violation of any of the provisions of this article;
(b) The SOE license or SOE managers’, servers’ or entertainers’ license was obtained through false statements in the application for such license, or renewal thereof;
(c) The SOE licensee or the SOE manager, server, or entertainer licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof;
(d) The owner or operator, or any partner, or any corporate officer of director holding an SOE business license has become disqualified from having a license by a conviction as provided in 5-409; or
(e) The holder of an SOE managers’, servers’ or entertainers’ license has become disqualified from having a license by a conviction as provided in section 5-410.
The city clerk shall notify in writing, at the address provided in the application or subsequent amended address, by certified mail, the person holding the license that pending an opportunity for a hearing before the city council, the license shall be revoked. Such notification shall include the specific code violation alleged. The person shall have 10 days from the mailing of the notice to request in writing a hearing before the city council on the pending revocation. Such hearing shall be scheduled at the next available city council meeting. Failure to request a hearing shall result in a revocation of the license by the city clerk. Based upon the evidence produced at the hearing, the city council may take any of the following actions:
(1) Suspend the license for up to 90 days;
(2) Revoke the license for the remainder of the license year; or
(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. 897, Sec. 2)
A license may be renewed by making application to the city clerk on application forms provided for that purpose. Licenses shall expire on December 31st of each calendar year. 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 license in the manner provided in this article.
(Ord. 897, Sec. 2)
An applicant, licensee, former licensee, or person aggrieved under the provisions of this article, may seek judicial review in a manner provided by law.
(Ord. 897, Sec. 2)
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 $25.00 nor more than $500.00, or be punished by incarceration for up to six months, or by both such fine and incarceration. Each day’s violation of, or failure, refusal or neglect to comply with any provisions of this article shall constitute a separate punishable offense.
(Ord. 897, Sec. 2)
If any court of competent jurisdiction rules that any section, provision, or clause of this article is invalid, it is the intent of the governing body that the remaining provisions of the article be in full force and effect, and to this end the provisions of this article should be interpreted as severable.
(Ord. 897)