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.
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.
B.
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.
C.
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.
F.
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.
G.
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.
H.
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.
I.
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.
(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.
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.
K.
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.
L.
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.
M.
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.
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).
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.
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.