[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:
A person who has attained the age of 18 years.
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:
ADULT ARCADEAny 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.
ADULT ENCOUNTER PARLORAn 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.
ADULT ENTERTAINMENT CABARETAn 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.
ADULT ENTERTAINMENT STUDIO (includes the term "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio")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.
ADULT MEDIA OUTLETSee below.
ADULT MOTELAn 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.
ADULT MOTION-PICTURE THEATERAn 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.
ADULT NEWSRACKAny 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.
ADULT RETAIL ESTABLISHMENTA 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.
In determining whether an item is "designed
or marketed for use" in connection with specified sexual activities,
the following guidelines may be considered:
Expert testimony as to the principal use of
the item.
Evidence concerning the total business of a
person or business establishment and the type of merchandise involved
in the business.
National and local advertising concerning the
use of the item.
Evidence of advertising concerning the nature
of the business establishment.
Instructions, graphics or other material contained
on the item itself or on the packaging materials for the item.
The physical or structural characteristics of
the item.
The manner in which the item is displayed, including
its proximity to other regulated merchandise or signage relating to
items in a display area.
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.
ADULT THEATERAn 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.
BATHHOUSEAn 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.
BODY PAINTING STUDIOAn 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.
ESCORT BUREAUAny 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.
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).
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).
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:
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);
More than 30% of the gross sales (including
rentals) result from the sale or rental of adult media;
Thirty percent or more of the dollar value of
all merchandise displayed at any time is attributable to adult media;
Thirty percent or more of all inventory consists
of adult media at any time;
Thirty percent or more of the merchandise displayed
for sale consists of adult media; or
Thirty percent or more of the stock-in-trade
consists of such items at any time.
Any person who:
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;
Enters an adult business establishment and purchases,
rents or otherwise partakes of any merchandise, goods, entertainment
or other services offered therein; or
Is a member of or on the premises of an adult
business establishment operating as a private club.
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.
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.
Any person who provides adult entertainment within an adult
business establishment, whether or not a fee is charged or accepted
for the entertainment.
Devoted to or tending to arouse or excite sexual desires.
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.
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.
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.
Any person, partnership or corporation operating, conducting
or maintaining an adult business establishment.
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.
A structure or site such as a church, synagogue, chapel,
sanctuary, or cathedral used primarily for religious activity or worship
and related religious activities.
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]
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.
These include:
These include:
Human genitals in a state of sexual stimulation
or arousal;
Acts of human masturbation, sexual intercourse
or arousal;
Use of human or animal ejaculation, sodomy,
oral copulation, coitus or masturbation;
Masochism, erotic or sexually oriented torture,
beating, or the infliction of pain;
Human excretion, urination, menstruation, or
vaginal or anal irrigation; and/or
Fondling or other erotic touching of human genitals,
pubic region, buttock, or female breast.
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]
(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]
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]
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.
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]
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]
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]
(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]
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.
