City of Parsons, KS
Labette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Parsons 9-7-2004 by Ord. No. 6017. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT
A person who has attained the age of 18 years.
ADULT BUSINESS ESTABLISHMENT
Any establishment having as a material portion of its business the offering of entertainment, services, stock-in-trade or materials, scenes or other representations predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature, including but not limited to depiction or description of specified sexual activities or specified anatomical areas (separately defined). The definition of "adult business establishment" also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:
A. 
Any business establishment or concern to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically, or mechanically controlled amusement devices, still- or motion-picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed relate to specified sexual activities or exhibition of specified anatomical areas.
B. 
An establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate, or consort with employees, performers, and/or other customers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual arousal or excitement to such customers.
C. 
An establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female, impersonators, or live performances or materials which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or customer.
D. 
An establishment whose premises is physically arranged so as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
E. 
F. 
An enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, videocassettes, videotapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six hours at a time.
G. 
An enclosed building used for presenting or showing, for money consideration, movie or video films or pictures or other material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (separately defined) for observation by customers therein.
H. 
Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
I. 
A business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with specified sexual activities, clothing that graphically depicts specified anatomical areas or any of the material sold or rented in an adult media outlet as defined in this section, if a substantial or significant portion of such items is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. For purposes of this definition, the presumptions relative to what constitutes a "substantial or significant" portion of business set forth in the definition of "adult media outlet" shall apply here.
(1) 
In determining whether an item is "designed or marketed for use" in connection with specified sexual activities, the following guidelines may be considered:
(a) 
Expert testimony as to the principal use of the item.
(b) 
Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business.
(c) 
National and local advertising concerning the use of the item.
(d) 
Evidence of advertising concerning the nature of the business establishment.
(e) 
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item.
(f) 
The physical or structural characteristics of the item.
(g) 
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
(2) 
Any person may request an interpretive ruling from the Police Chief, or his designee, as to whether a particular item is considered by the City to be "designed or marketed for use" in connection with specified sexual activities. An application for an interpretive ruling shall be made in writing on a form provided by the Police Chief and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Police Chief shall issue a written interpretive ruling within 10 business days following submission of a completed application. The decision of the Police Chief may be appealed to the governing body within 15 days following the interpretive ruling by submitting a written notice of appeal to the City Clerk.
J. 
An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by customers.
K. 
An enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
L. 
An establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique, or process when the subject's body displays for the customer's view specified anatomical areas.
M. 
Any person, business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainment or places of amusement or who consort with others, for hire or reward, about any place of public resort or within any private quarters.
ADULT ENTERTAINMENT
Any exhibition, dance, pantomime, modeling or other performance predominantly distinguished by or characterized by emphasis on depiction or description of an erotic nature, including but not limited to depiction or description of specified sexual activities or specified anatomical areas (separately defined).
ADULT MEDIA
Magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (separately defined).
ADULT MEDIA OUTLET
An establishment that rents, sells or offers for viewing or other use any adult media and which meets at least one of the following tests. For purposes of this definition, it shall be presumed that a "substantial or significant" portion of a business is devoted to the sale or rental of such items if any one or more of the following criteria are satisfied:
A. 
More than 30% of the floor area is devoted to adult media (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public);
B. 
More than 30% of the gross sales (including rentals) result from the sale or rental of adult media;
C. 
Thirty percent or more of the dollar value of all merchandise displayed at any time is attributable to adult media;
D. 
Thirty percent or more of all inventory consists of adult media at any time;
E. 
Thirty percent or more of the merchandise displayed for sale consists of adult media; or
F. 
Thirty percent or more of the stock-in-trade consists of such items at any time.
CUSTOMER
Any person who:
A. 
Is allowed to enter an adult business establishment in return for the payment of an admission fee or any other form of consideration or gratuity;
B. 
Enters an adult business establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
C. 
Is a member of or on the premises of an adult business establishment operating as a private club.
DAY-CARE FACILITY
Any establishment that provides, on a regular basis, supervision, protection, and care for individuals away from their primary residences for less than 24 hours per day.
EMPLOYEE
Any person who renders any service whatsoever to the customers of an adult business establishment or who works in or about an adult business establishment and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. "Employee" includes, but is not limited to, managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult business establishment.
ENTERTAINER
Any person who provides adult entertainment within an adult business establishment, whether or not a fee is charged or accepted for the entertainment.
EROTIC
Devoted to or tending to arouse or excite sexual desires.
FOOTCANDLE
A unit of illumination lighting a surface on which there is uniformly distributed a light flux of one lumen over an area of one square foot. A lumen is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A candela is the unit of intensity of a light source in a specific direction. One candela directed perpendicular to a surface one foot away generates one footcandle of light. A light source of one candela emits a total of 12.57 lumens. For the purposes of this chapter, the lumen output values shall be the initial lumen output ratings of a lamp.
MANAGER
Any person who manages, directs, administers, or is in charge of the affairs of or conduct of any portion of any activity of any adult business.
NUDITY
Exposing any of the human male or female genitals, pubic hair, pubic area, anal cleft or cleavage of the buttocks, the female vulva, or the nipple of the female breast with less than a fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state.
OPERATOR
Any person, partnership or corporation operating, conducting or maintaining an adult business establishment.
PARK
Any public or private land designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar land.
RELIGIOUS INSTITUTION
A structure or site such as a church, synagogue, chapel, sanctuary, or cathedral used primarily for religious activity or worship and related religious activities.
RESIDENTIAL ZONE
Any property within the City which is designated as a residential district pursuant to the City Zoning Regulations, as may be amended from time to time, including any property in the City which is zoned A-1 (Agricultural), R (Single-Family Residential), R-1 (Single-Family Residential District), R-2 (Two-Family Residential), R-3 (Multiple-Family Residential), MH-1 (Manufactured Home Subdivision), and MH-2 (Manufactured/Mobile Home Park).[1]
SCHOOL
Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the Kansas Board of Regents or which is maintained pursuant to standards set by the Kansas Board of Regents. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school, and senior high school.
SPECIFIED ANATOMICAL AREAS
These include:
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
These include:
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse or arousal;
C. 
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
D. 
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;
E. 
Human excretion, urination, menstruation, or vaginal or anal irrigation; and/or
F. 
Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Age restriction. No person under the age of 18 shall be employed in or around an adult business establishment. No person under the age of 18 shall be permitted to enter or remain in an adult business establishment.
B. 
Hours of operation. It shall be unlawful for any adult business establishment to be conducted, operated or otherwise open to the public, customers or members between the hours of 12:00 midnight and 11:00 a.m. No adult business establishment shall be open on any Sunday.
C. 
Exterior display. The premises of all adult business establishments shall be so constructed as to ensure that 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 exterior doorways must be constructed with an anteroom or foyer so as to prevent observation of the interior of the premises from the exterior of the building.
D. 
Nudity prohibited. No manager, employee, server, entertainer or patron in an adult business establishment other than a licensed bathhouse shall be nude.
E. 
Sale or consumption of alcohol prohibited. No alcoholic liquor or cereal malt beverage shall be sold or consumed on the premises of an adult business establishment.
F. 
Protective barrier required. Any adult business establishment engaging in the display or performance of live models, dancers, entertainers or other performers in an erotic manner, or which is otherwise intended to provide sexual stimulation or to appeal to arouse or excite the sexual desires or interests of patrons, shall erect a platform at least two feet above the primary level of the customer floor level on which the employee or entertainer must be contained and shall not permit customers within six feet of the employee or entertainer. Further, it shall be unlawful for any customer to be upon any portion of the stage during a performance or for an owner, operator, or manager to permit a customer to be upon any portion of the stage during the performance.
G. 
Erotic touching prohibited. No employee, dancer or entertainer of an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals of any person with the intent to arouse or gratify the sexual desires of any other person whether or not such sexual or genital part of such other person is clothed, unclothed, covered or exposed. Likewise, no customer in an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals of any person with the intent to arouse or gratify the sexual desires of any employee, dancer or performer, whether or not such sexual or genital part of such dancer or performer is clothed or unclothed, covered or exposed.
H. 
Display or performance. No adult business establishment shall permit any employee, entertainer, model, dancer or other performer to participate in any entertainment, live display or performance which depicts, describes or simulates specified sexual activities or contains any acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
I. 
Devices. No employee, model, dancer, entertainer or other performer shall wear or use any device or covering exposed to view which simulates any specified anatomical area, nor shall any employee, model, dancer, entertainer or other performer use artificial devices or inanimate objects to depict any of the prohibited activities described in this chapter.
J. 
Entertainer payment or gratuity. No model, dancer, entertainer or other performer, while on the premises of an adult business establishment, shall solicit, demand or receive any payment or gratuity from any customer.
K. 
Lighting. All adult business establishments 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 two footcandles as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
L. 
Outdoor vending machines prohibited. No coin- or token-operated vending machine which sells adult media may be located in a place open to the public.
M. 
Closed booths or rooms prohibited. The premises of all adult business establishments shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms, or stalls is visible from a public common area of the premises.
(1) 
Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.
(2) 
The entire body of any viewing person must also be visible from the public, common area, without the assistance of mirrors or other viewing aids.
(3) 
No booth shall be occupied by more than one customer at a time.
(4) 
No holes shall be permitted between booths or individual viewing areas.
N. 
Manager on premises.
(1) 
A manager shall be on duty at all adult business establishments at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
(2) 
It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within any adult business establishment possess a current and valid permit.
O. 
General prohibitions. No owner, operator, manager, or other person in charge of the premises of an adult business establishment shall:
(1) 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises;
(2) 
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
(3) 
Knowingly allow or permit any person under the age of 18 to be in or upon the premises of an adult business establishment;
(4) 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, as prohibited by state law or City ordinance;
(5) 
Knowingly allow or permit a violation of this chapter or any other City ordinance provision or state law; or
(6) 
Knowingly allow any entertainer, employee, manager, or operator to perform any work, service, or entertainment directly related to the operation of an unlicensed adult business.
P. 
Facilities necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the appropriate City official, or his/her authorized representative, reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:
(1) 
The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets, provided that such paper is changed for every patron. No activity related to an adult business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.
(2) 
Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
(3) 
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
Q. 
The appropriate City official shall certify that the proposed business establishment complies with all of the requirements of this section and shall give or send such certification to the City Clerk; provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of the premises nor to preclude authorized inspection thereof. The appropriate City official may recommend the issuance of a license contingent upon compliance with any requirements in this section.
A. 
Adult business establishment license.
(1) 
License required. No adult business establishment shall operate without having first obtained an annual adult business license from the City Clerk. A separate license shall be required for each and every separate place of business conducted by any one applicant. Such license shall be valid only from January 1 to December 31. Every person licensed as an adult business establishment shall post such license in a conspicuous place and manner on the adult business establishment premises. The failure to post an adult business license in the manner required herein shall be prima facie evidence that an adult business has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee, manager, or owner who performs any business, service, or entertainment in an adult business in which an adult business license is not posted in the manner required herein had knowledge that such business is not licensed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
License application. When making application to the City for an adult business establishment license, the applicant shall provide the following information which shall be signed by the applicant and notarized and be accompanied by a nonrefundable, nonprorated application fee in the amount of $200 which shall be in addition to any other applicable tax, license or fee:
(a) 
The name, residence address, home telephone number, date and place of birth and social security number of the applicant and his relationship to the business.
(b) 
The business name, address and telephone number of the establishment and the tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
(c) 
The names, residence addresses, residence telephone numbers, social security numbers and dates of births of any stockholder, partner, or member who owns more than 25% interest in such entity.
(d) 
The name, address and telephone number of the owner of the property at which the business will be located.
(e) 
A statement from the applicant, and any stockholder, partner, or member who owns more than 25% interest in such entity, that each such person has not been convicted of or released from confinement for conviction of any felony or diverted from prosecution of any felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of or diverted from prosecution on a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses or controlled substance or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(f) 
If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas Secretary of State.
(g) 
On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall provide for each employee a health certificate from a duly licensed Kansas physician stating that, within 90 days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement. For each person who is employed, the above-described health certificate shall be submitted to the City Clerk within 48 hours of the time such person begins employment.
(h) 
A statement signed under oath that the applicant has personal knowledge and that the information therein is true and correct and that the applicant has read the provisions of this chapter regulating adult business establishments.
B. 
Employee permit.
(1) 
Permit required. All persons employed in an adult business establishment as a manager or operator or as a model, dancer, entertainer or other performer must annually obtain an adult business employee permit. This permit will be valid from January 1 until December 31.
(2) 
Permit application. Any person desiring an adult business employee permit shall provide the following information which shall be signed by the applicant and notarized and be accompanied by a nonrefundable, nonprorated application fee in the amount of $20, which shall be in addition to any other applicable tax, license or fee:
(a) 
The applicant's name, home address, home telephone number, date of birth, social security number, and any stage names or nicknames used in entertaining or performing.
(b) 
The name and address of each business at which the applicant intends to work as a manager, operator, employee, or dancer, model, entertainer or other performer.
(c) 
A statement from the applicant that he has not been convicted of or released from confinement for conviction of or diverted from prosecution on any felony, whichever event is later, within five years immediately preceding the application or has not been convicted of or diverted from prosecution on a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses or controlled substance or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(d) 
The applicant shall provide documentation that he/she has attained the age of 18 years.
(e) 
A statement signed under oath that the applicant has personal knowledge and that the information therein is true and correct and that the applicant has read the provisions of this chapter regulating adult business establishments.
C. 
Application processing. Upon receipt of an application for an adult business establishment license or adult business employee permit, the City Clerk shall immediately transmit one copy of the application to the Police Chief for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Planning and Zoning Administrator. It shall be the duty of the Police Chief to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license or permit for which the application is made. The Police Chief 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 Clerk. It shall be the duty of the Fire Chief or Building Inspector to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Fire Chief or Building Inspector shall report the results of his/her investigation to the City Clerk not later than 10 working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Police Chief and the Fire Chief or Building Inspector, the City Clerk shall schedule the application for consideration by the governing body at the earliest meeting consistent with the notification requirements established by law, provided that the application for an adult business establishment license or adult business employee permit shall be approved or disapproved within 30 days from the date the application is received by the City Clerk. The applicant shall be notified in writing of the date when the governing body will consider the application and shall be afforded an opportunity to be heard at that meeting.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Criteria for approval. A license or permit will be issued within 30 days of the date application is made if the City finds that:
(1) 
The business for which a license is required will be conducted in a building, structure and location which comply with the requirements and standards of the applicable zoning and building codes of the City, as well as the requirements of this chapter.
(2) 
The applicant has not made any knowingly false, misleading or fraudulent statement of material fact in the application for a license or permit or in any report or record which may be required to be filed with the City Clerk.
(3) 
The applicant and all employees, agents, partners, directors, officers or managers have attained the age of 18 years of age.
(4) 
The applicant or any partner or any stockholder, partner, or member who owns more than 25% interest in such entity has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five years immediately preceding the application or has not been convicted of or diverted from prosecution of a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses or controlled substance or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
E. 
Disapproval of application. If an application for a license or permit 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 or permit application may seek judicial review in the Labette County District Court in a manner provided by law. Such appeal shall be filed within 30 days of the final decision of the governing body.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Suspension and revocation of license. Whenever the City has information as set forth in Subsection F(1) to (7), then the City may, upon five days of posting notice on the adult business establishment's principal entrance, suspend the business license for a period not to exceed 60 days. Within 14 days of the date of the notice, the City Commission shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the business and shall be served upon the business in person or by registered or certified mail to the applicant's last known business address. In the event that the City is not able to serve notice upon the business in person and any notice sent by mail is returned by the postal service, the City shall cause such notice to be posted at the principal entrance of the adult business establishment, and such posting shall be a valid means of service. If the City finds and concludes from the evidence that the licensee has violated any of the above provisions, it may suspend, revoke or, in the case of a renewal application, refuse to renew such license. In case of revocation or nonrenewal, no new license shall be issued to such business for a period of six months after the revocation becomes effective. Following the entry of an order by the City Clerk suspending or revoking a license issued pursuant to this chapter, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed 30 days pending the filing and/or final disposition of proceedings for judicial review.
(1) 
The owner or operator of an adult business establishment has violated or knowingly allowed or permitted the violation of any of the provisions of this chapter;
(2) 
There have been recurrent violations of provisions of this chapter that have occurred under such circumstances that the owner or operator of an adult business establishment knew or should have known that such violations were committed;
(3) 
The adult business establishment license was obtained through knowingly false statements in the application for such license or renewal thereof;
(4) 
The adult business establishment knowingly failed to make a complete disclosure of all information in the application for such license or renewal thereof;
(5) 
The owner or operator or any stockholder, partner, or member who owns more than 25% interest in such entity has become disqualified from having a license by a conviction described in this chapter;
(6) 
Any cost or fee required to be paid by this chapter is not paid; or
(7) 
An operator employs an entertainer who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer without a permit.
G. 
Suspension and revocation of permit. Whenever the City has information as set forth in Subsection G(1) to (6), then the City may, five days after sending notice to the permittee by placing such notice in the United States mail to the home address provided on the permittee's application, suspend the permit for a period not to exceed 60 days. Within 14 days of the date of the notice, the City Commission shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the address provided on the permittee's application. In the event that the City is not able to serve notice upon the permittee in person and any notice sent by mail is returned by the postal service, service shall still be considered valid. An appeal taken from an order of suspension shall not suspend the order of suspension during the pendency of any such appeal. If the City finds and concludes from the evidence that the permittee has violated any of the above provisions, it may suspend, revoke or, in the case of a renewal application, refuse to renew such permit. In case of revocation or nonrenewal, no new permit shall be issued to such individual for a period of six months after the revocation becomes effective. Following the entry of an order by the City Clerk suspending or revoking a permit issued pursuant to this chapter, such permittee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed 30 days pending the filing and/or final disposition of proceedings for judicial review.[4]
(1) 
The permittee has violated or knowingly allowed or permitted the violation of any of the provisions of this chapter;
(2) 
There have been recurrent violations of provisions of this chapter that have occurred under such circumstances that the permittee knew or should have known that such violations were committed;
(3) 
The adult business employee permit was obtained through knowingly false statements in the application for such permit or renewal thereof;
(4) 
The permittee knowingly failed to make a complete disclosure of all information in the application for such permit or renewal thereof;
(5) 
The permittee has become disqualified from having a permit by a conviction described in Subsection D of this section; or
(6) 
The adult business establishment license for the business in which the permittee is working has been suspended or revoked.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Existing businesses. Any adult business lawfully operating on the date of enactment of this chapter shall have 90 days to apply for a license. All fees required under this section shall not apply for the initial application and renewals thereafter as long as the business has not increased, enlarged, extended or altered from its original use. A license shall not be denied for an adult business lawfully operating at the time of the passing of this chapter for violation of zoning restrictions imposed herein. This is not intended to exempt any said adult business from the zoning rules and regulations existing under the Zoning Regulations of the City of Parsons at the time of the enactment of this chapter.
A. 
Business licenses and employee permits are not transferable, and such authority as a license or permit confers shall be conferred only on the individual or business named therein.
B. 
Any applications made, fees paid and licenses or permits obtained under any of the provisions of this chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinance of this City.
C. 
All adult business licenses shall be issued only for the one adult business use listed on the application. Any change in the type of adult use shall invalidate the adult business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult use.
A. 
A license or permit may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses and permits shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between December 1 and December 31.
B. 
Upon timely application and review as provided for a new license or permit, a license or permit issued under the provisions of this chapter shall be renewed by issuance of a new license or permit in the manner provided herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
If the application for renewal of a license or permit is not made during the time provided herein, the expiration of such license or permit shall not be affected, and a new application shall be required.
D. 
Following the entry of an order by the City Clerk disapproving the renewal application for a license or permit, such licensee, permittee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed 30 days pending the filing and/or final disposition of proceedings for judicial review.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In addition to the other requirements set out in this chapter, the operator of an adult business establishment shall also have the following responsibilities:
A. 
Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed an act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
B. 
The operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for the purposes of determining whether the license for the adult business establishment shall be suspended, revoked or renewed.
C. 
The operator shall maintain a register of all employees showing the name of and aliases used by the employee, home address, age, birth date, sex, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of one year following termination. The operator shall make the register of employees available immediately upon demand of any law enforcement officer at all reasonable times.
A. 
Any duly authorized officer of the City may, from time to time, make an inspection of each adult business establishment for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for anyone to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
B. 
Any business that engages in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate City officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an adult business establishment as defined herein. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of business.
A. 
Location. Adult business establishments may be located in any property zoned C-4 (Heavy Commercial District), I-1 (Light Industrial District), and I-2 (Heavy Industrial District). No adult business establishment shall be located in any zoning district other than these listed. Location of an adult business establishment shall also be controlled by the distance restrictions listed in this section regardless of zoning and regardless if such business is located in an allowed zone.
B. 
Residential. Adult business establishments may not be located within 500 feet of any residentially zoned property.
C. 
Schools, parks and religious institutions. No adult business establishment shall be permitted to locate or expand within 500 feet of any private or public school, public park, day-care facility or religious institution or place of worship. Any school, religious institution, or day-care facility located within commercially zoned property pursuant to a special use permit shall not be included as a protected use.
D. 
Other adult uses. No adult business establishment shall be permitted to locate or expand within 500 feet of another adult business establishment or adult use.
E. 
Facilities with a liquor license. No adult business establishment shall be permitted to locate or expand within 500 feet of any business licensed to sell or serve alcoholic or cereal malt beverages, whether or not such business is also an adult business establishment as defined in this chapter.
F. 
Measurement of distance.
(1) 
The distance between any adult business establishment and any religious institution, school, public park or day-care facility or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult business use to the closest property line of the religious institution or place of worship, private or public school, public park, day-care facility or property zoned for residential use.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The distance between any two adult business establishments or between any adult business establishment and a business licensed to sell or serve alcoholic or cereal malt beverages shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
G. 
Existing businesses. Any adult business lawfully operating on the date of enactment of this chapter that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue as long as the business has not increased, enlarged, extended or altered from its original use, except that the use may be changed to a conforming use. This is not intended to exempt any said adult business from the zoning rules and regulations existing under the Zoning Regulations of the City of Parsons at the time of the enactment of this chapter.
A. 
Any person who violates the provisions of this chapter shall be guilty of a municipal offense and, upon conviction, shall be punished by a fine of not less than $1 but no more than $1,000 or by imprisonment for not more than one year or shall be both so fined and imprisoned. In addition, any violation of this chapter shall be grounds for the City Commission to revoke any or all licenses or permits issued by the City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one day shall be considered a separate offense for each day of violation.
C. 
The conduct of any business within the City in violation of any of the terms of this chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult business establishment and restrain and enjoin any person from conducting, operating, or maintaining an adult business establishment contrary to the provisions of this chapter.