(a)
Except as permitted in subsection (b) below, a person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within one thousand (1,000) feet of any of the following uses or locations within the city limits or extraterritorial jurisdiction of the city:
(1)
A church or synagogue;
(2)
A public or private elementary or secondary school or licensed day-care
center;
(3)
A boundary of a residential district (including, but not limited
to, zoning classifications A, R-1L, R-1, R-2, R-3, R-4, and MH.)
(4)
A public park;
(5)
A public library;
(6)
The property line of a lot devoted to a residential use as defined
in this article; or
(7)
Another sexually oriented business.
(b)
A
person commits an offense if he establishes, operates or causes to
be operated, or expands a sexually oriented business within the Joshua
Station Overlay District or the Heritage Overlay District as established
in the city’s zoning ordinance.
(c)
A
person commits an offense if he establishes, operates or causes to
be operated, a sexually oriented business in any building, structure
or portion thereof containing another sexually oriented business.
(d)
For the purposes of subsection (a) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsections (a)(1)–(7) above.
(Ordinance 472-2009, sec. 5, adopted 2/26/09)
(a)
The zoning board of adjustment shall serve as a location appeal board, and shall have the power to rule on the appropriate disposition of applications for exemptions from the location restrictions for sexually oriented businesses set forth in section 4.07.061. The location appeal board shall follow the rules and procedures set forth in this section.
(b)
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of section 4.07.061, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the location restrictions.
(c)
If
the written request is filed with the city secretary within the 10-day
limit, a location appeal board shall consider the request. The city
secretary shall set a date for the hearing within sixty (60) days
from the date the written request is received.
(d)
A
hearing by the board may proceed only if five (5) of the board members
or alternates are present. The board shall hear and consider evidence
offered by any interested person. The formal rules of evidence do
not apply.
(e)
The location appeal board may grant an exemption from the location restrictions of section 4.07.061 if it makes the following findings:
(1)
That the location of the sexually oriented business will not have
a detrimental effect on nearby properties or be contrary to the public
safety or welfare;
(2)
That the location of the sexually oriented business will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
(3)
That the location of the sexually oriented business in the area will
not be contrary to any program of neighborhood conservation nor will
it interfere with any efforts of urban renewal or restoration; and
(4)
That all other applicable provisions of this article will be observed.
(f)
In making the findings specified in subsection (e) above, the board shall take into account, among other things:
(1)
Crime statistics of the location and its eight-hundred-foot radius,
without regard to city boundaries, maintained by the appropriate law
enforcement agency for the previous six-month period;
(2)
Johnson County Appraisal District appraisals for the location and
its one-thousand-foot radius, without regard to city boundaries, taking
into account any decline or increase in property values;
(3)
Vacancy rates of residential, commercial, or office space within
the surrounding one-thousand-foot radius, without regard to city boundaries;
and
(4)
Any evidence regarding the award or denial of any public or private
grants for neighborhood conservation, urban renewal, or restoration
for any property located within a one-thousand-foot radius, without
regard to city boundaries.
(g)
The
board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote approving the exemption shall result in denial
of the exemption. Disputes of fact shall be decided on the basis of
a preponderance of the evidence. The decision of the license appeal
board is final.
(h)
If the board grants the exemption, the exemption is valid for one (1) year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.07.061 until the applicant applies for and receives another exemption.
(i)
If
the board denies the exemption, the applicant may not reapply for
an exemption until at least twelve (12) months have elapsed since
the date of the board’s action.
(j)
The
grant of an exemption does not exempt the applicant from any provisions
of this article other than the locational restrictions.
(Ordinance 472-2009, sec. 29, adopted 2/26/09)
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 12:00 a.m. (midnight)
and 8:00 a.m. on weekdays and Saturdays, and 12:00 a.m. (midnight)
and 2:00 p.m. on Sundays.
(Ordinance 472-2009, sec. 4, adopted 2/26/09)
(a)
Any sexually oriented business that is in violation of section 4.07.061 or any other location requirement of any other city ordinances, that was legally operating on the effective date of adoption or amendment of such ordinance or regulation, shall be deemed a nonconforming use and the provisions of article 2 of the zoning ordinance shall apply, except if two (2) or more sexually oriented businesses are within one thousand (1,000) feet of each other, or are located in the same building or structure, and otherwise in a permissible location, the sexually oriented business that was first established and continually operating as a sexually oriented business at a particular location (regardless of which business was first located in the city), even if operating under a different name, ownership, or selling different sexually oriented merchandise or services, is the conforming use and the later-established business is nonconforming.
(b)
The
provisions of this section shall also apply to legally operating sexually
oriented businesses made nonconforming by annexation into the city
limits.
(c)
Any sexually oriented business that is lawfully operating within the city as a conforming use on or after the effective date of this article, shall not be rendered a nonconforming use by the subsequent location of a protected use listed in section 4.07.061(a) within one thousand (1,000) feet of the sexually oriented business.
(d)
Nonconforming
sexually oriented businesses shall be subject to amortization under
the procedures set forth in the city zoning ordinance.
(e)
Notwithstanding anything contained in this article or in article 2 of the zoning ordinance to the contrary, a nonconforming sexually oriented business shall be required to meet all applicable requirements of this article except locational requirements established by sections 4.07.061(a) through (c) and the prohibition on nudity established by section 4.07.067 within sixty (60) days of the date that it becomes nonconforming. The zoning board of adjustment may grant a nonconforming sexually oriented business an extension if the business shows, upon written application, that meeting these requirements within sixty (60) days imposes an unnecessary hardship on the business.
(Ordinance 472-2009, sec. 6, adopted 2/26/09)
(a)
An
employee of an adult cabaret while appearing in a state of nudity
or simulated nudity commits an offense if he touches a customer or
the clothing of a customer.
(b)
A
customer at an adult cabaret commits an offense if he touches an employee
appearing in a state of nudity or simulated nudity.
(c)
Each
adult cabaret shall have a manager’s station, which shall not
exceed thirty-two (32) square feet of floor area. A licensee or employee
of an adult cabaret commits an offense if he permits any customer
access to an area of the premises not visible from the manager’s
station or not visible by a walk-through of the premises without entering
a closed area, excluding restrooms. The view required in this subsection
shall be by direct line of sight. The view shall be deemed insufficient
if clear visibility of such line of sight must be attained by using
flashlights or spotlights in addition to overhead house lighting.
(d)
No employee of an adult cabaret may appear in an area of the business visible to patrons or customers unless the employee completely and opaquely covers his or her genitals, public region, and public hair; anus; and, if female, her areolae. In addition, the employee is subject to the requirements of section 4.07.066.
(e)
No licensee, owner, operator, or manager of an adult cabaret shall permit an employee to violate subsection (d).
(f)
A
licensee, operator or employee commits an offense if the licensee,
operator or employee appears in a state of nudity or knowingly allows
another to appear in a state of nudity in an area of the adult cabaret
which can be viewed from the public right-of-way.
(g)
A
licensee shall designate and appoint one or more managers to manage,
direct, and control the premises and operations of an adult cabaret.
At least one manager shall be on the premises at any time the adult
cabaret is open for business.
(h)
A licensee or manager commits an offense if the adult cabaret fails to display the floor markings as required in section 4.07.066(d) of this article.
(i)
An
operator or a manager appointed under this section shall at all times
have the duty to ensure that each employee in the adult cabaret has
been instructed to commit no act which would constitute a violation
of this article or which would provide grounds, or part of the grounds,
for suspension or revocation of a license issued under this article.
(Ordinance 472-2009, sec. 17, adopted 2/26/09)
(a)
A
licensee, operator, or employee commits an offense if the licensee,
operator, or employee appears in a state of nudity or knowingly allows
another person to appear in a state of nudity in a sexually oriented
business, unless the person is an employee who, while in a state of
nudity, is on a stage (on which no patron or customer is present)
that is at least eighteen (18) inches above the floor, and that is
at least six (6) feet from any patron or customer.
(b)
It
is an offense for an employee, while in a state of nudity in a sexually
oriented business, to receive directly any pay or gratuity from any
patron or customer, or for any patron or customer to pay or give any
gratuity directly to any employee, while that employee is in a state
of nudity in a sexually oriented business. Such gratuity or pay may
be provided to such an employee through a tip receptacle, located
more than six (6) feet from the nearest point of the performance stage
where the employee is in a state of nudity, or may be paid to an employee
that is not in a state of nudity, as part of the customer’s
bill.
(c)
A
licensee or operator commits an offense if the licensee or operator
fails to display a sign on the interior of the sexually oriented business
premises notifying patrons and customers and employees of the prohibitions
described in this section. The sign must be prominently and continuously
displayed where patrons or customers enter the premises, and immediately
adjacent to each performance stage, and must state in letters at least
two (2) inches high:
TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY
IS A CRIME (MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $2,000.00.
PATRONS SHALL REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES.
The chief of police may also require, at the time of issuance
or renewal of the license, the licensee to display the sign in a language
other than English if he determines that a substantial portion of
the expected patrons or customers speak the other language as their
familiar language. Upon notification, a licensee commits an offense
if the sign does not contain this language in the required language,
in addition to English.
(d)
A licensee or operator commits an offense if the licensee or operator fails to prominently and continuously display a glow-in-the-dark line on the floor of the sexually oriented business, at least two (2) inches wide, marking a distance of six feet from each performance stage on which an employee in a state of nudity may appear in accordance with subsection (a).
(Ordinance 472-2009, sec. 18, adopted 2/26/09)
(a)
Purpose.
The purpose of this section is to prohibit
certain acts of commercial exploitation of human sexuality in commercial
establishments where alcoholic beverages are served or offered for
sale for consumption on the premises, or permitted to be consumed
on the premises, and to reduce the likelihood of criminal activity,
moral degradation and disturbances of the peace and good order of
the community, to prohibit lewd and unlawful activity, such as prostitution
and the proliferation of controlled substances, all of which may occur
when such commercial exploitation is permitted in such places, and
to promote the preservation of property values of neighborhoods and
adjacent properties.
(b)
Prohibition.
(1)
No person shall appear in a state of nudity or simulated nudity in
any commercial establishment at which alcoholic beverages are served
or offered for sale for consumption on the premises, or permitted
to be consumed on the premises.
(2)
No licensee, owner, operator, or manager of any commercial establishment
at which alcoholic beverages are served or offered for sale for consumption
on the premises, or are permitted to be consumed on the premises,
shall permit any person to appear in a state of nudity.
(c)
Nonconforming uses.
Any business that was legally operating
on the effective date of adoption or amendment of this article shall
be deemed a nonconforming use as to the prohibition established in
this section and shall be subject to the provisions of article 2 of
the zoning ordinance.
(Ordinance 472-2009, sec. 19, adopted 2/26/09)
(a)
A
person commits an offense if he employs at an escort agency any person
under the age of eighteen (18) years.
(b)
A
person commits an offense if he acts as an escort or agrees to act
as an escort for any person under the age of eighteen (18) years.
(Ordinance 472-2009, sec. 20, adopted 2/26/09)
(a)
A
person commits an offense if he employs at a nude model business any
person under the age of eighteen (18) years.
(b)
A
person under the age of eighteen (18) years commits an offense if
he appears in a state of nudity or simulated nudity in or on the premises
of a nude model business. It is a defense to prosecution under this
subsection if the person was in a restroom not open to public view
or persons of the opposite sex.
(c)
A
person commits an offense if he appears in a state of nudity or simulated
nudity, or knowingly allows another to appear in a state of nudity
or simulated nudity, in an area of a nude model business premises
which can be viewed from the public right-of-way.
(d)
A
person commits an offense if he places or permits a bed, sofa, or
mattress in any room on the premises of a nude model business except
that a sofa may be placed in a reception room open to the public.
(e)
A
licensee or employee of a nude model business commits an offense if
he permits any customer access to an area of the premises not visible
from the manager’s station or not visible by a walk through
of the premises without entering a closed area, excluding restrooms.
(f)
An
employee of a nude model business, while appearing in a state of nudity
or simulated nudity, commits an offense if he touches a customer or
the clothing of a customer.
(g)
A
customer at a nude model business commits an offense if he touches
an employee appearing in a state of nudity or simulated nudity.
(Ordinance 472-2009, sec. 21, adopted 2/26/09)
(a)
A
person commits an offense if he knowingly allows a person under the
age of eighteen (18) years to appear in a state of nudity or simulated
nudity in or on the premises of an adult theater or adult motion picture
theater.
(b)
A
person under the age of eighteen (18) years commits an offense if
he knowingly appears in a state of nudity or simulated nudity in or
on the premises of an adult theater or adult motion picture theater.
(Ordinance 472-2009, sec. 22, adopted 2/26/09)
(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this article.
(b)
A
person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have a sexually oriented business license, he rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(Ordinance 472-2009, sec. 23, adopted 2/26/09)
A sexually oriented business other than an adult motel, which
exhibits on the premises in a viewing room of less than one hundred
fifty (150) square feet of floor space, a film, videocassette, or
other video reproduction which depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises as required by section 4.07.032(a)(1). The diagram shall show the location of the manager’s stations. A manager’s station shall not exceed thirty-two (32) square feet of floor area.
(2)
No
alteration in the configuration or location of a manager’s station
may be made without the prior approval of the chief of police or his
designee.
(3)
The
licensee commits an offense if he permits a manager’s station
to be unattended by a designated manager at any time a customer is
present on the premises.
(4)
The
interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager’s station of every
area of the premises to which any customer is permitted access for
any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two (2) or more manager’s
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any customer is permitted access for any purpose,
excluding restrooms, from at least one (1) of the manager’s
stations. The view required in this subsection must be by direct line
of sight from the manager’s station. The view shall be deemed
insufficient if clear visibility of such line of sight must be attained
by using flashlights or spotlights in addition to overhead house lighting.
(5)
The
licensee or manager commits an offense if he permits access to a customer
of any area of the premises that is not visible from the manager’s
station for any purpose, excluding restrooms.
(6)
The owners, operator, and any agents and employees present on the premises shall ensure that the view area specified in subsection (5) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any customer is present in the premises and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (1) above.
(7)
No
viewing rooms or booths of less than one hundred fifty (150) square
feet of floor space shall be occupied by more than one person at any
time.
(8)
No
licensee or manager shall allow openings or holes of any kind to exist
between adjacent or adjoining viewing rooms or booths.
(9)
No
person shall make or attempt to make an opening or hole of any kind
between adjacent or adjoining viewing rooms and booths.
(10)
The licensee and any manager shall have a duty, during each business
day, regularly to inspect the walls of all viewing rooms or booths
to determine if any openings or holes exist.
(11)
The licensee or any manager commits an offense if he permits any
patron or customer access to a viewing room or booth where any opening
or hole exists into an adjacent or adjoining viewing room or booth.
(12)
This section shall not prohibit conduits for plumbing, heating, air
conditioning, ventilation or electrical service, if the conduits are
screened or otherwise configured so as to prevent their use as openings
that would permit any portion of a human body to penetrate the wall
or barrier separating viewing rooms or booths.
(Ordinance 472-2009, sec. 24, adopted 2/26/09)
(a)
Public
and employee restrooms in a sexually oriented business shall not,
at any time, contain or be used for sexually oriented business activity,
video reproduction equipment, or sexually oriented merchandise.
(b)
An
adult arcade, adult bookstore, adult video store, adult novelty store,
adult service establishment, adult cabaret, adult theater, adult motion
picture theater, nude model business, sex parlor, and sexual encounter
center shall at all times maintain at least one (1) legible sign posted
in a conspicuous place at each public entrance easily visible by all
persons prior to entry into the establishment with lettering of at
least one (1) inch in height in English and Spanish which contains
the following statement:
“THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH
REGULARLY FEATURES [description of the type of activity licensed to
be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU
DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY
[or “NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY,”
if alcohol is served].”
(c)
The
premises of any sexually oriented business shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination of
not less than twenty (20) footcandles.
(d)
During
hours of darkness when a sexually oriented business is in operation,
all required parking and all outdoor areas to which pedestrians have
access on the premises of the sexually oriented business shall be
lighted to an intensity of not less than five (5) footcandles measured
at ground level.
(e)
No
models, mannequins, pictures, drawings, sketches, or other live or
simulated, pictorial or graphic displays of nudity or simulated nudity
shall be allowed in a manner that is visible to the public from any
street, sidewalk, or other public place.
(Ordinance 472-2009, sec. 25, adopted 2/26/09)
