WHEREAS, the City of Maize, Kansas (the “City”) has determined that the regulation of adult cabarets, adult entertainment establishments, adult hotels, escort services (hereafter collectively referred to in these recitals as “sexually oriented business activities”) and public nudity, as those terms are hereafter defined, will protect the health, safety, and welfare of the residents of the city and will minimize the secondary effects associated with such activities; and

WHEREAS, based upon the legislative findings discussed herein and recent court cases recognizing the secondary effects of sexually oriented business activities as well as public nudity, and the city’s familiarity with the problems associated with these secondary effects within Sedgwick County and other areas throughout the country, the city finds that the continued regulation of sexually oriented business activities and public nudity furthers the goal of protecting the health, safety and welfare of the residents of the city, and minimizes the secondary effects of such activities; and

WHEREAS, the city desires to minimize and control these secondary effects and thereby protect the health, safety, and welfare of the citizenry; to protect citizens from increased crime; to preserve the quality of life; to preserve property values; to preserve the character of the city’s neighborhoods and to deter the spread of blight; and

WHEREAS, the city has an important governmental interest in combating the secondary effects associated with sexually oriented business activities and public nudity, and has the constitutional power to combat these secondary effects; and

WHEREAS, as summarized below, the city has reviewed and analyzed numerous reports, studies, judicial decisions and the experience and legislative findings of other counties and municipalities around the country concerning the impacts, or secondary effects, of sexually oriented business activities on the areas in which such activities are located or take place; and

WHEREAS, the Supreme Court of the United States has held in City of Renton v. Playtime Theaters, Inc., that the city may rely on relevant studies and evidence from other cities as the basis for its action taken to ensure the public order and combat the secondary effects associated with sexually oriented business activities; and

WHEREAS, the Supreme Court of the United States has held in Barnes v. Glen Theatre, Inc., and City of Erie v. Pap’s A.M., tbda “Candyland”, that a governing body may prohibit nudity in public places to combat these secondary effects; and

WHEREAS, the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., reaffirmed its earlier holdings that a municipal government may permissibly regulate the negative secondary effects associated with sexually oriented business activities; and

WHEREAS, the Tenth Circuit Court of Appeals, in cases such as Heideman v. South Salt Lake City, has continued to recognize the negative secondary effects (as summarized below) created by sexually oriented business activities; and

WHEREAS, sexually oriented business activities and public nudity can cause or contribute significantly to increases in criminal activity in the areas in which they are located, including increased incidents of unlawful sexual activities, including prostitution and inappropriate intimate conduct between sexually oriented business employees and patrons, violent acts such as assault and battery, sexual harassment, unlawful drug activities, and disorderly conduct, thereby taxing crime prevention and law enforcement resources; and

WHEREAS, sexually oriented business activities and public nudity can cause or contribute significantly to the deterioration of residential neighborhoods, can impair the character and quality of such neighborhoods and the housing located within such neighborhoods, and can inhibit the proper maintenance and growth of such neighborhoods, limiting or reducing the availability of quality, affordable housing for area residents and reducing the value of property in such areas; and

WHEREAS, sexually oriented business activities and public nudity can undermine the stability of other established business and commercial uses in the areas in which sexually oriented business activities occur and can cause or contribute significantly to the deterioration of such other businesses and commercial uses, thereby causing or contributing to a decline in such uses, an inhibition of business and commercial growth and development, and a resulting adverse impact on local government revenues and property values; and

WHEREAS, sexually oriented business activities and public nudity can have a distracting influence on minors and students attending schools, can diminish or destroy the enjoyment and family atmosphere of persons using parks, playgrounds and other public recreational areas, and can interfere with or even destroy the spiritual experience of persons attending church, synagogue, or other places of worship; and

WHEREAS, the presence of sexually oriented business activities is perceived by the public generally and by neighboring business owners and residents as an indication that the area and the quality of life in the area in which such activities occur is in decline and deteriorating, a perception that can lead quickly to such decline and deterioration, prompting businesses and residents to flee the affected area to avoid the consequences of such decline and deterioration; and

WHEREAS, the conduct of sexually oriented business activities, including specifically, but without limitation, the operation and use of adult booths and similar establishments, often encourages or allows sexual activities that place employees and patrons of such businesses at risk to exposure and contraction of sexually transmitted diseases, including specifically, but without limitation, the HIV virus, Acquired Immune Deficiency Syndrome, and venereal diseases; and

WHEREAS, public nudity and the sexually oriented businesses that public nudity encourages can increase crime, especially crimes of a sexual nature, increase risk of public exposure to sexually transmitted diseases and other pathogens borne by human blood and bodily fluids, and can cause the degradation of the aesthetic and commercial character of neighborhoods, the depression of property values and the degradation of the quality of life for the citizenry; and

WHEREAS, prior to the passage of this article, the city received and analyzed extensive information concerning the secondary effects of sexually oriented businesses and public nudity. The foregoing legislative findings concerning secondary effects associated with sexually oriented business activities and public nudity are based upon the following:

(a)   A review of information from studies and evidence developed for Adams County, CO, and the cities of Dallas, TX; Tucson, AZ; Garden Grove, CA; Oklahoma City, OK; Austin, TX; Indianapolis, IN; Phoenix, AZ; Amarillo, TX; and Los Angeles, CA;

(b)   The legislative findings of the city council of Wichita referencing crime, increased risk of sexually transmitted diseases, degradation of the aesthetic and commercial character of neighborhoods, depression of property values and studies from ten other local jurisdictions (cited above) demonstrating the harmful effects of sexually oriented businesses;

(c)   The findings of federal courts, including the United States Supreme Court, in Renton v. Playtime Theaters, Inc., Barnes v. Glen Theatre, Inc., Erie v. Pap’s A.M., City of Los Angeles v. Alameda Books, Inc., and Heideman v. South Salt Lake City (10th Circuit case);

(d)   Reports from the Sedgwick County Counselor’s office and a citizen of the county concerning other court cases finding a link between sexually oriented businesses and negative secondary effects;

(e)   A litany of complaints from residents of Oaklawn Improvement District, which is also within Sedgwick County, detailing the degrading effect of sexually oriented businesses within their neighborhood;

(f)    A report from the undersheriff of Sedgwick County concerning crime at sexually oriented businesses;

(g)   A petition signed by over 1,400 residents of Oaklawn Improvement District;

(h)   April 12, 2000 Meeting Minutes from the Sedgwick County Board of County Commissioners Meeting;

(i)    June 28, 2000 Meeting Minutes from the Sedgwick County Board of County Commissioners Meeting;

(j)    March 31, 2004 Meeting Minutes from the Sedgwick County Board of County Commissioners Meeting; and

WHEREAS, the city has determined that sexually oriented business activities and public nudity will, unless properly regulated, have these and other severe adverse impacts and secondary effects on the city and its residents; and

WHEREAS, the city has determined that the regulations within this article on the operation, maintenance, and other aspects of sexually oriented business activities and the prohibition of public nudity, are necessary to minimize to the greatest extent possible, or to eliminate altogether, the public health risks that customarily, but unnecessarily, exist in connection with such activities; and

WHEREAS, the city has also determined that the regulations within this Article, including but not limited to, the licensing and zoning requirements for adult entertainment establishments and escort services, as well as the prohibition on public nudity, are necessary in order to achieve the goal of combating the secondary effects (described above) associated with sexually oriented business activities and public nudity; and

WHEREAS, it is not the intent of the city to suppress any free expression protected by the First Amendment to the United States Constitution, but to enact a content neutral Article which addresses the secondary effects associated with sexually oriented business activities and public nudity, with only incidental restrictions upon protected expression.

(Ord. 713, Sec. 1)

For the purpose of this Article 3, the following terms, phrases and words shall have the meanings ascribed to them in this section:

(a)   Adult Bookstore or Adult Video Store means an establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)   Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2)   Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

(b)   Adult Cabaret means any place of business or commercial establishment wherein the entertainment or activity therein consists of semi-nude dancing with or without music, or engaging in movements that simulate sexual intercourse, oral copulation, sodomy, or masturbation, or wherein the patron directly or indirectly is charged a fee or is required to make a purchase in order to view entertainment or activity which consists of a person or persons exhibiting or modeling lingerie or similar undergarments, or where the patron directly or indirectly is charged a fee to engage in personal contact with employees, devices or equipment, or with personnel provided by the establishment.

(c)   Adult Entertainment Establishment means any commercial establishment which is an adult bookstore, adult motion picture theater, adult hotel, adult cabaret or adult motion picture arcade as defined herein.

(d)   Adult Hotel means a hotel or motel wherein a substantial or significant portion of the material presented over image-producing devices within individual rooms that are occupied by guests, are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

(e)   Adult Motion Picture Arcade means any place at which slug-or coin-operated, electronically or mechanically controlled, still or motion picture machines, projector or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any time, and which presents material which is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein. The term does not include an adult hotel.

(f)    Adult Motion Picture Theater means an enclosed building designed for five (5) or more patrons used for presenting any material distinguished or characterized by an emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas for observation of patrons therein. The term does not include an adult hotel.

(g)   City means the City of Maize, Kansas.

(h)   City Clerk means the City of Maize, Kansas, Clerk or his/her designee.

(i)    Church means a premises or site used primarily or exclusively for religious worship and related religious services.

(j)    Consideration means money or money’s worth.

(k)   Diversion or Diversion Agreement means any formal referral of a defendant in a criminal case to a supervised performance program which upon successful completion results in the dismissal of the charges or complaint which is authorized pursuant to the laws of any city, state, or of the United States.

(l)    Employee means any and all persons including independent contractors who work in, at, or render any services to, the customers of an adult entertainment establishment or escort service, or who render any services directly related to the operation of an adult entertainment establishment or escort service but shall not include independent contractors indirectly related to such operation such as janitorial services, construction, maintenance, pest control, and trash removal.

(m)  Escort means any person who is held out to the public as available for hire and who, for monetary consideration in the form of a fee, commission or salary, consorts with or accompanies, or who offers for monetary consideration, to consort with or accompany another or others to or about social affairs, places of entertainment or amusement within any place of public resort or within any private quarters.

(n)   Escort Service means any person, as defined herein, which for a fee, commission, profit, reward, payment or other monetary consideration furnishes, refers, or offers to furnish or refer escorts, provides or offers to introduce patrons to escorts, or arranges for escorts to accompany patrons to or at social affairs, places of entertainment or amusement within any place of public resort or within any private quarters.

(o)   Escort Service Runner means any person, not an escort, who for a salary, fee, hire, reward, profit or other consideration, acts as an agent either of an escort, escort service or a patron wishing to hire an escort, in arranging for services of an escort.

(p)   Licensed Premises means the place or location described in an adult entertainment license or an escort service license where an adult entertainment establishment or escort service is licensed to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.

(q)   Licensee means a person who is the holder of a valid license under this article. A licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensee is or would be prohibited from doing or performing an act or acts under this title.

(r)    Morals Charge includes charges of prostitution, patronizing a prostitute, promoting prostitution, indecent exposure, lewd and lascivious behavior, sodomy, promoting sodomy for hire, patronizing a person offering sodomy for hire, sexual battery, loitering for the purposes of solicitation, indecent liberties with a child, incest, adultery, promoting obscenity, promoting obscenity to minors, displaying material harmful to minors, and possession, sale or distribution of any illegal drug.

(s)   Nudity means the showing, in a public place, of the human male or female genitals, anus, anal cleft or cleavage, or the showing of the female breast below a horizontal line across the top of the areola at its highest point with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part. Nudity also means the showing, in a public place, of the covered male genitals in a discernibly turgid state.

(t)    Open Office means an office at the licensed escort service address from which escort business is transacted. To qualify as an open office, it is required that:

(1)   Business hours be established and posted, that the office be open to the public and patrons or prospective patrons during such business hours, and that the office be accessible to business invitees, license officials and law enforcement officers through a security system during all other hours that escorts are working;

(2)   The office be managed by the owner or management employee of the owner having authority to bind the service to escort and patron contracts, and adjust patron and consumer complaints;

(3)   All telephone lines and numbers listed to the escort service be advertised as escort service numbers terminate at the open office and at no other location;

(4)   An index of all employees and escorts be kept in the open office, along with copies of the licenses of those employed to work as escorts or escort service runners, and said index shall be open to inspection at the request of any law enforcement officer who is on official duty;

(5)   All business records be kept in the open office, including records of escort calls and referrals, stating the name and driver’s license number (or other form of picture identification) of the patron, as well as the state of issuance of the driver’s license (or other picture identification). Such records shall also include the date and time of referral, name of the escort who accompanied the patron, whether the referral resulted in a contract, and the total fee received from the patron, if any. The business records described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection at the request of any law enforcement officer who is making said request pursuant to said officer’s lawful duties as a law enforcement officer. The refusal of a licensee to allow such an inspection shall not be a criminal violation of this article nor shall it be considered grounds for suspending, revoking, or otherwise taking punitive measures or action against the licensee or the escort service’s license. However, in the event of such a refusal, such an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-2501, and amendments thereto;

(6)   All of the business records required to be kept and maintained by an escort service licensed under this article shall be retained by the escort service for a minimum period of one (1) year and shall be subject to verification on a quarterly basis by the chief of police or the chief’s duly authorized representative upon request. This quarterly examination of the records shall be permitted solely for the purpose of verifying that such records are being kept and shall not be for the purpose of gathering information. Refusal by the licensee to allow examination of such records for the sole purpose of verifying that the licensee is in compliance with the recordkeeping requirements of this Article shall not be deemed to be a criminal violation; however, if the refusal is unreasonable it may result in revocation or suspension of the escort service’s license.

(u)   Operator means any person operating, maintaining or conducting the business of an adult entertainment establishment or escort service.

(v)   Patron means a customer or any person who contracts with an escort service for the purpose of hiring an escort or for monetary consideration contracts with or hires an escort.

(w)  Person means any individual, firm, corporation, partnership, limited partnership, joint venture or association of any kind.

(x)   Public Nudity is any person knowingly and intentionally, in a public place:

(1)   engaging in actual or simulated sexual intercourse, masturbation, sodomy, or any sex act which is prohibited by law;

(2)   appearing in a state of nudity; or

(3)   fondling of the genitals of himself, herself, or another person.

(y)   Public Place means any location frequented by the public, or where the public is present or likely to be present. Public Place includes but is not limited to streets, sidewalks, parks, and business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement).

(z)   Residential Dwelling means a dwelling which provides a complete independent living facility for one (1) or more individuals including permanent provisions for living, sleeping, eating, cooking and sanitation.

(aa)  School means any building or grounds used as a place of formal education for students in grade levels kindergarten through twelfth grade.

(bb) Sexually Oriented Escort means an escort who provides, or offers, proposes or solicits to provide, acts involving specified sexual activity. Such offer, proposal or solicitation shall include all conversations, statements, advertisements, acts and gestures which would lead a reasonable, prudent person to conclude that specified sexual activity is or was to be provided.

(cc)  Sexually Oriented Escort Service means an escort service which provides, or offers, proposes or solicits to provide, acts involving specified sexual activities. Such offer, proposal or solicitation shall include all conversations, statements, advertisements, acts and gestures which would lead a reasonable, prudent person to conclude that specified sexual activity is or was to be provided.

(dd) Semi-nude means a state of dress in which opaque clothing covers no more than genitalia, anus cleft or cleavage, pubic region and/or the female breast just above a horizontal line across the top of the areola at its highest point and portions of the body covered by supporting straps or devices.

(ee)  Specified Sexual Activities means the following:

(1)   Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

(2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

(3)   Masturbation, actual or simulated.

(4)   Human genitals in a state of sexual stimulation, arousal or tumescence.

(5)   Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1), (2), (3) or (4) of this definition.

(ff)   Specified Anatomical Areas means the following:

(1)   Less than completely and opaquely covered human genitals, pubic region, buttock, anus and female breast below a point immediately above the top of the areola. This shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.

(2)   Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(Ord. 713, Sec. 1)

(a)   PERMITTING PUBLIC NUDITY PROHIBITED. It is unlawful for any supervisor, manager, property owner, business owner, or employer to knowing suffer or permit any person to engage in public nudity in a public place under their control, or to knowingly suffer or permit any person to remain in such public place after that person has, while in the public place, engaged in public nudity.

(b)   PUBLIC NUDITY PROHIBITED. It is unlawful for any person to engage in public nudity in a public place.

(c)   EXCEPTIONS.

(1)   The provisions of Section 11-303(a) and (b) shall not apply to any theatrical production that has serious literary, artistic, scientific or political value.

(2)   The provisions of Section 11-303(a) and (b) shall not apply to:

(A)  a child under the age of ten (10) years; or

(B)  a person appearing in a state of nudity modeling in an art class operated by:

(i)    a proprietary school licensed by the state;

(ii)   a college, community college or university supported entirely or primarily by taxation;

(iii)  an accredited private college or university, or

(iv)  a non-profit educational or artistic organization:

       (a)   held within a structure in which no sign or advertising is visible on or from the exterior of the structure that indicates a nude person is available on the premises for viewing;

       (b)   where in order to attend a student must enroll at least three days in advance; and

       (c)   where no more than one nude model appears in the studio at one time.

(3)   The provisions of Section 11-303(a) and (b) of this Article 3 shall not apply to:

For family use;

(A)  enclosed single sex public restrooms or restrooms designed

(B)  enclosed single sex functional baths, showers, locker and/or dressing room facilities;

(C)  enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations; and

(D)  medical facilities, hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home.

(Ord. 713, Sec. 1)

(a)   PURPOSE. The purpose of this Section 11-304 is to set forth the requirements for escort services within the corporate city limits of the city and to provide for the regulation of the same.

(b)   LICENSE REQUIRED. It is unlawful within the city limits of the city for any person, whether as principal, officer, agent, servant or employee to conduct, manage, operate, maintain or perform for any person services as an escort service without having first obtained a license to do so as required by this Article 3.

(c)   SEXUALLY ORIENTED ESCORT SERVICES UNLAWFUL. It is unlawful within the city limits of the city for any person, whether as principal, officer, agent, servant or employee, to conduct, manage, operate, maintain or perform for any person services as a sexually oriented escort service regardless of license.

(d)   LICENSE EXCLUSIVE TO PERSON AND PREMISES ISSUED.

(1)   The license required pursuant to this Section 11-304 shall be issued for one (1) premises and one (1) person. The address of the premises for which the license is requested and the name of the person who will be the licensee shall be clearly stated in all applications and renewal requests.

(2)   Licenses issued hereunder may not be transferred from one premises to another or from one person to another and shall be renewable only if the renewal license is to be issued to the same person. Within thirty (30) days after the sale or transfer of any interest in an escort service, any license heretofore issued shall be null and void. A new application shall be made by any person desiring to own or operate the escort service.

(3)   No escort service shall be operated under any name or conducted under any designation not specified in the license for that business.

(e)   LICENSE FEES.

(1)   For every escort service there shall be an annual license fee of One Thousand Dollars ($1,000.00). This fee shall accompany all initial license applications and all renewal requests, and a license shall not be issued until the fee is paid in full.

(2)   Should an applicant choose to withdraw its application prior to a license under Section 11-304 being issued, the city shall refund fifty percent (50%) of the license fee upon the applicant’s request to the city clerk within ten (10) business days from the filing of an application and accompanying documentation. No refund shall be issued after issuance of a license.

(3)   Upon a denial of a properly filed application under Section 11-304, the city shall refund fifty percent (50%) of the license fee upon the applicant’s request to the city clerk within twenty (20) business days, but not sooner than ten (10) business days, of the notice of said denial, unless the applicant appeals the denial, in which case the refund shall not occur until after the appeal process has been completed and the denial has been upheld. At the conclusion of the appeal, provided the denial is upheld, the applicant shall have ten (10) business days from the date of final judgment to request the refund.

(f)    LICENSE RENEWAL. Every license issued pursuant to Section 11-304 shall terminate at the expiration of one (1) year from the date of issuance, unless sooner suspended or revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application for renewal to the city clerk’s office. The application for renewal shall be filed in duplicate and dated by the city clerk. An application for renewal license filed after the expiration date of the license shall not be accepted if the premises the renewal license is being sought for does not comply with the distance requirements set forth in Section 11-309. A renewal application shall in all other respects be treated as an application for an initial license.

Application for a license renewal must be made not later than thirty (30) days prior to the date of expiration of the license.

(g)   APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES. The licensing provisions of this Section 11-304 shall be applicable to all businesses participating in the activities described in this Section 11-304, regardless of when established. All existing escort services at the time of passage of this Article 3 must submit an application for a license within thirty (30) days of the effective date of this Article 3. If an application for such license is not made within said thirty-day period, then such existing escort service shall cease operation. Nothing herein shall be construed to prohibit the city’s right to refuse to grant a license to an existing escort service that, upon application, is not eligible for a license under this Section 11-304.

(h)   DISPLAY OF LICENSE REQUIRED. The license issued pursuant to this Section 11-304 shall be displayed conspicuously at the entrance of the premises licensed as an escort service.

(i)    APPLICATION FOR ESCORT SERVICE LICENSE.

(1)   Any person desiring to obtain a license to operate an escort service shall make written application in duplicate to the city clerk’s office. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the city clerk’s office.

(2)   The application shall be on a form provided by the city. All applicants shall provide the following information under oath:

(A)  The applicant’s legal name, all of the applicant’s aliases, the applicant’s residential and business addresses, the applicant’s residential and business telephone numbers, the applicant’s social security number, the applicant’s driver’s license or state-issued identification card number, written proof that the applicant is at least eighteen (18) years of age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization;

(B)  The proposed address and name or names of the escort service for which a license is sought, and the hours that the escort service will be open to the public;

(C)  The name of the owner of the premises upon which the escort service is to be located;

(D)  Whether the applicant has been, within the last five (5) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any morals charge or felony. As to each conviction, nolo contendere plea or diversion, the applicant shall provide the conviction date, the case number, the nature of the violation(s) or offense(s), and the name and location of the court;

(E)   Whether the applicant has been, within the last three (3) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any violation of a provision of this Article 3 or similar provisions of previously enacted city ordinances;

(F)   A list of all pending cases involving:

(i)    alleged violations of morals charges, including the nature of the alleged violation, date of alleged offense, and the name and location of the jurisdiction in which said violation is alleged to have occurred; and

(ii)   alleged violations of this Article 3, including the nature of the alleged violation(s) and the date of the alleged offense(s);

(G)  Two (2) photographs of the applicant two inches by two inches (2” x 2”) in size, taken within thirty (30) days immediately preceding the date of application. One photograph will be sent to the chief of police and one photograph shall be affixed to the license;

(H)  Information as to whether the applicant has ever been refused any similar license or permit, or has had any similar license or permit issued to such applicant in the city or elsewhere revoked or suspended, and the reason or reasons therefor; and

(i)    A statement by the applicant that he or she is familiar with the provisions of this Article 3 and is complying and will comply with them.

(3)   If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, the names, residential addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. The corporation applicant shall designate one of its officers to act as its responsible managing officer. Such designated person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.

(4)   If the applicant is a partnership, the application shall set forth the names, residential addresses, and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of subsection (c) of this section pertaining to corporations shall apply. The partnership or limited partnership applicant shall designate one of its partners to act as its responsible managing partner. Such designated person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.

(j)    LICENSE – ELIGIBILITY REQUIREMENTS.

(1)   To receive a license to operate an escort service, applicants must meet the following standards:

(A)  If the applicant is an individual:

(i)    the required fees must have been paid;

(ii)   the application must conform in all respects to the provisions of this Article 3;

(iii)  the applicant must not have knowingly made a false or misleading statement of material fact in the application;

(iv)  the applicant must be at least eighteen (18) years of age;

(v)   the applicant shall not have been convicted of, pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any morals charge as defined herein in any jurisdiction within the last five (5) years immediately preceding the date of the application;

(vi)  the applicant must not have had a similar type of license in any jurisdiction previously suspended or revoked for good cause within five (5) years immediately preceding the date of the filing of the application;

(vii) the operation of the business as proposed, if permitted, must comply with all applicable building, fire, health and zoning laws.

(B)  If the applicant is a partnership, joint venture, corporation or any other type of organization where two (2) or more persons have a financial interest:

(i)    All persons having a financial interest in the partnership, joint venture or any other type of organization shall be at least eighteen (18) years of age. Financial interest in a corporation includes any officer or director of the corporation and any stockholder holding more than five percent (5%) of the stock of a corporation or any individual, partnership, and/or corporation which has outstanding or pending loan(s) with the applicant in the amount of $5,000 or greater.

(ii)   No person having a financial interest in the partnership, joint venture, corporation or any other type of organization shall, in any jurisdiction, have been convicted of, pled nolo contendere to, or participate in a diversion program, after having been charged with a felony or any morals charge as defined herein within the immediate five (5) years preceding the date of the application.

(k)   EXAMINATION OF APPLICATION. If an application for a license is in proper form and accompanied by the license fee as provided for in this Section 11-304(e)(1), the city council shall examine the application, after review and a recommendation is made by the city application review board, composed of the city administrator or his/her designee, the city clerk or his/her designee, the zoning administrator or his/her designee, and the chief of police or his/her designee. If the applicant is fully qualified pursuant to the guidelines set forth in Section 11-304(j), the city council shall issue a license to the applicant within thirty (30) days from the date of the filing of the application. If the city council fails to act on the application within thirty (30) days after it is filed, the application shall be deemed granted. If the city council denies the application within thirty (30) days of the filing of the application, the application is deemed finally denied and the same application may not be made within one (1) year unless there are changed circumstances. If the city council denies the application, the applicant may appeal the denial pursuant to the provisions of K.S.A. 60-2101(d) and amendments thereto. If the city council takes action to deny an application, and that action occurs over thirty (30) days after it is filed, the denial shall be of no effect, except that this provision is not intended to limit the ability of the city council to revoke the license for any of the reasons stated in this Section 11-306. If the applicant is not present in person or by an attorney during the city council session in which action is taken, written notice of the action shall be mailed to the applicant or attorney forthwith.

(l)    COMPLIANCE WITH OTHER REGULATIONS REQUIRED. No license shall be granted for an escort service until the health code, building code, zoning ordinance, fire prevention and safety regulations of the city are fully complied with, and it is unlawful and a violation of this Article 3 to maintain or conduct an escort service without being in compliance, at all times, with all health code, building code, zoning ordinance, fire prevention and safety regulations of the city.

(m)  ESCORT SERVICE DUTIES.

(1)   The escort service shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the type(s) of service(s) to be performed, the length of time such service(s) shall be performed, the total amount of money such service(s) shall cost the patron, and any special terms or conditions relating to the services to be performed.

(2)   The escort service shall maintain an open office at the licensed premises. The address of that office shall be included in all patron contracts and published advertisements. Private rooms or booths where the patron may meet with the escort shall not be provided at the open office or at any other location by the escort service.

(3)   The escort service, in terms of licensing consequences, is responsible and liable for the acts of all its employees and subcontractors including, but not limited to, telephone receptionists and escorts who are referred by that service while the escort is with the patron.

(4)   The escort service shall commence business from an open office within thirty (30) days after issuance of the license. In the event an escort service licensee shall not commence business in an open office within thirty (30) days after issuance of a license or shall discontinue business or close the open office for a period of thirty (30) days, such license shall terminate and be revoked automatically without action by the chief of police or city council.

(5)   Every owner, operator, responsible managing employee, manager, or anyone in control of an escort service shall maintain a daily register, approved as to form by the city police department, containing the following information:

(A)  the identification of all employees employed by such establishment, together with a copy of the escort license for those employees working as escorts;

(B)  the hours of employment of each employee for each day; and

(C)  the names of all patrons, including their true full names, driver’s license number and state of issuance (or some other form of picture identification), hours of employment of the escort service, name of the escort or other employees providing services to this particular patron, the location where escort services were rendered, and the fee charged for such services.

       The daily register described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection pursuant to said officer’s lawful duties as a law enforcement officer. The refusal of a licensee to allow such an inspection shall not be a criminal violation of this Article 3 nor shall it be considered grounds for suspending, revoking or otherwise taking punitive measures of action against the licensee or the escort service’s license. However, in the event of such a refusal, an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-201, and amendments thereto. The daily register described in this section shall be kept and maintained at the open office or licensed premises for a period of one (1) year.

(6)   Any changes in information required to be submitted by this article 3 must be given to the city clerk’s office in writing within ten (10) days of any such change.

(7)   An escort service shall establish business hours during which escorts are available and shall post such business hours at the entrance to the escort service premises, where the open office is maintained. No escort service shall be open at any time between the hours of 1:00 a.m. and 6:00 a.m.

(n)   PROHIBITED ACTIVITIES.

(1)   It is unlawful for a licensee to provide escort services as described in this Article 3 to individuals under eighteen (18) years of age unless written authorization by a parent or legal guardian is issued to the escort when acting as such.

(2)   It is unlawful within the city limits of the city for an escort to advertise or hold out to the public the availability of an escort or escort service without obtaining a license therefor as provided in this Section 11-304. Whether the actual business of the escorts or the escort service is performed, the escort service license number must be prominently displayed in such advertisements.

(o)   ESCORT/ESCORT SERVICE RUNNER-LICENSE REQUIRED.

(1)   It is unlawful for any person within the city limits of the city to:

(A)  work, perform services, or act as an escort or escort service runner as defined in this Article 3 without a license issued pursuant to the provisions of this Article 3;

(B)  work, perform services, or act as an escort or escort service runner unless employed by a licensed escort service;

(C)  work, perform services, or act as a sexually oriented escort, or work as an escort service runner for a sexually oriented escort service, regardless of license.

(2)   Such person, when providing services or working as an escort or escort service runner, shall carry the license required by Section 11-304(o)(1) upon their person and display the license upon request of any law enforcement official. Failure to display such license upon demand is a violation of this ordinance punishable as set forth in Section 11-310.

(p)   ESCORT/ESCORT SERVICE RUNNER—LICENSE APPLICATION, RENEWAL.

(1)   Any person desiring an escort or escort service runner’s license shall make written application in duplicate to the city clerk’s office on a form provided by the city. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the city clerk’s office and shall provide the following information under oath:

(A)  The applicant’s legal name, all of the applicant’s aliases, the applicant’s residential address and telephone numbers, the applicant’s social security number, the applicant’s driver’s license or state-issued identification card number, written proof that the applicant is at least eighteen (18) years of age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization;

(B)  Whether the applicant has been, within the last five (5) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any morals charge or felony. As to each conviction, nolo contendere plea or diversion, the applicant shall provide the conviction date, the case number, the nature of the violation(s) or offense(s), and the name and location of the court;

(C)  Whether the applicant has been, within the last three (3) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any violation of a provision of this Article 3 or similar provisions of previously enacted city ordinances;

(D)  A list of all pending cases involving:(i) alleged violations of morals charges, including the nature of the alleged violation, date of alleged offense, and the name and location of the jurisdiction in which said violation is alleged to have occurred; and (ii) alleged violation of this Article 3, including the nature of the alleged violation and the date of the alleged offense;

(E)   Two (2) photographs of the applicant two inches by two inches (2” x 2”) in size, taken within thirty (30) days immediately preceding the date of application. One photograph will be sent to the chief of police and one photograph shall be affixed to the license;

(F)   A statement by the applicant that he or she is familiar with the provisions of this Article 3 and is complying and will comply with them.

(2)   All persons working or providing services as escorts or escort service runners at the time of the passage of this article must submit an application for an escort or escort service runner’s license within thirty (30) days of the date this Article 3 becomes effective.

(3)   Every escort or escort service runner’s license issued pursuant to this Article 3 will expire one (1) year from the date of issuance and must be renewed before working or performing services as an escort or escort service runner in the following year. Application for renewal must be made to the city clerk no later than thirty (30) days prior to the date of expiration for the escort or escort service runner’s license and must be accompanied by the license fee provided in Section 11-304(q).

(4)   A license to act as an escort or escort service runner does not authorize the operation of an escort service. Any person obtaining a license to act as an escort or escort service runner who desires to operate an escort service must separately apply for a license therefor. A person who applies for a license to operate an escort service and who desires to act as an escort or escort service runner within said business, who pays the fee required by Section 11-304(e), shall not be required to pay the license fee required in Section 11-304(q).

(q)   ESCORT/ESCORT SERVICE RUNNER--LICENSE FEES. There shall be an annual fee of One Hundred Dollars ($100.00) for an escort or escort service runner’s license and such fee shall accompany each application and all renewal requests submitted, and a license shall not be issued until the fee is paid in full.

(r)    ESCORT/ESCORT SERVICE RUNNER--LICENSE ELIGIBILITY.

(1)   If the application contains the proper information pursuant to Section 11-304(p), a copy of each application for an escort or escort service runner’s license shall be forwarded to the chief of police for investigation. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified under the provisions of this Article 3. The chief of police shall report to the city clerk not later than ten (10) working days after receipt of the application. The city clerk shall issue a license if the applicant is fully qualified pursuant to the guidelines set forth in Section 11-304(r)(2). A denial of a license by the city clerk must be made in writing with the reasons for the denial stated therein. Any applicant who has been denied the issuance of an escort or escort service runner’s license by the city clerk shall have a right to file an appeal of the denial with the city council not later than ten (10) working days after the application has been denied by the city clerk. Any applicant denied a license by the city council shall have the right to appeal as set forth in K.S.A. 60-2101(d).

(2)   No license to work or perform services as an escort or an escort service runner shall be issued to:

(A)  Any person who has not paid the fee under Section 11-304(q);

(B)  Any person who has not attained eighteen (18) years of age;

(C)  Any person who has failed to file an application that conforms in all respects to the provisions of Section 11-304(p);

(D)  Any person who has been convicted of or pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any morals charge as defined herein in any jurisdiction within the last five (5) years immediately preceding the date of the application;

(E)   Any person who has knowingly made a false or misleading statement of a material fact or omission of material fact in their application for an escort or escort service runner’s license.

(s)   SUSPENSIONnOR REVOCATION OF AN ESCORT/ESCORT SERVICE RUNNER’S LICENSE.

(1)   Pursuant to the procedures set forth in Section 11-306(c), the chief of police may suspend for not more than thirty (30) days any escort or escort service runner’s license if the chief of police, based on credible and reasonably reliable information and evidence, determines that the escort or escort service runner has violated any provisions of this Article 3.

(2)   Pursuant to the procedures set forth in Section 11-306(c), the chief of police may revoke any escort or escort service runner’s license, regardless of whether such license has previously been suspended, if the chief of police, based on credible and reasonably reliable information and evidence, determines that any one (1) or more of the following has occurred:

(A)  The escort or escort service runner:

(i)    knowingly, recklessly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any escort or escort service runner’s license; or

(ii)   knowingly, recklessly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee’s behalf.

(B)  The escort or escort service Runner failed to pay the required fee under Section 11-304(q).

(C)  The escort or escort service runner has, on three (3) or more occasions within a twelve (12) month period of time, engaged in conduct in violation of any of the provisions of this Article 3.

(D)  The escort or escort service runner has become ineligible to obtain a license pursuant to Section 11-304(r).

(E)   Subsequent to obtaining an escort or escort service runner’s license, the licensee has been convicted of, pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any morals charge as defined herein in any jurisdiction.

(3)   The licensee may appeal such order of suspension or revocation pursuant to the terms in Section 11-306(c)(2).

(Ord. 713, Sec. 1)

(a)   PURPOSE. The purpose of this Section 11-305 is to set forth the requirements for adult entertainment establishments within the corporate city limits of the city and to provide for the regulation of the same.

(b)   LICENSED REQUIRED.

(1)   Except as provided in subsection (5) below, from and after the effective date of this Article 3, no adult entertainment establishment shall be operated or maintained within the city limits of the city without first obtaining a license to operate issued pursuant to Section 11-305.

(2)   A license may be issued only for one adult entertainment establishment located at a fixed certain place. Any person which desires to operate more than one adult entertainment establishment must have a license for each. person.

(3)   No license or interest in a license may be transferred to any other

(4)   It is unlawful for any employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operating of any unlicensed adult entertainment establishment.

(5)   The licensing provisions of this Section 11-305 shall be applicable to all businesses participating in the activities described in this Section 11-305, regardless of when established. All existing adult entertainment establishments at the time of passage of this Article 3 must submit an application for a license within thirty (30) days of the effective date of this Article 3. If an application for such license is not made within a thirty-day period, then such existing adult entertainment establishments shall cease operation. Nothing herein shall be construed to prohibit the city’s right to refuse to grant a license to an adult entertainment establishment service that, upon application, is not eligible for a license under Section 11-305.

All existing adult entertainment establishments at the time of passage of this Article 3 must submit an application for a license within thirty (30) days of the date this Article becomes effective. If an application for such license is not made within a thirty-day period, then such existing adult entertainment establishment shall cease operation. Nothing herein shall be construed to prohibit the city’s right to refuse to grant a license to an existing adult entertainment establishment that upon application is not eligible for a license under Section 11-305.

(c)   APPLICATION FOR ADULT ENTERTAINMENT ESTABLISHMENT LICENSE.

(1)   Any person desiring to obtain a license to operate or maintain an adult entertainment establishment shall make written application in duplicate to the city clerk’s office. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the city clerk’s office.

(2)   The application shall be on a form provided by the city. All applicants shall provide the following information under oath:

(A)  The applicant’s legal name, all of the applicant’s aliases, the applicant’s residential and business addresses, the applicant’s residential and business telephone numbers, the applicant’s social security number, the applicant’s driver’s license or state-issued identification card number, written proof that the applicant is at least eighteen (18) years of age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization;

(B)  The proposed address and name or names of the adult entertainment establishments for which a license is sought, and the hours that the adult entertainment establishment will be open to the public;

(C)  The name of the owner of the premises upon which the adult entertainment establishment is to be located;

(D)  Whether the applicant has been, within the last five (5) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any morals charge or felony. As to each conviction, nolo contendere plea or diversion, the applicant shall provide the conviction date, the case number, the nature of the violation(s) or offense(s), and the name and location of the court;

(E)   Whether the applicant has been, within the last three (3) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any violation of a provision of this Article 3 or similar provisions of previously enacted city ordinances;

(F)   A list of all pending cases involving:

(i)    alleged violations of morals charges, including the nature of the alleged violation, date of alleged offense, and the name and location of the jurisdiction in which said violation is alleged to have occurred; and

(ii)   alleged violations of this Article 3, including the nature of the alleged violation(s) and the date of the alleged offense(s);

(G)  Two (2) photographs of the applicant two inches by two inches (2” x 2”) in size, taken within thirty (30) days immediately preceding the date of application. One photograph will be sent to the chief of police and one photograph shall be affixed to the license;

(H)  Information as to whether the applicant has ever been refused any similar license or permit, or has had any similar license or permit issued to such applicant in the city or elsewhere revoked or suspended, and the reason or reasons therefor; and

(i)    A statement by the applicant that he or she is familiar with the provisions of this Article 3 and is complying and will comply with them.

(3)   If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, the names, residential addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. The corporation applicant shall designate one of its officers to act as its responsible managing officer. Such designated person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.

(4)   If the applicant is a partnership, the application shall set forth the names, residential addresses, and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of subsection (c) of this Section 11-305 pertaining to corporations shall apply. The partnership or limited partnership applicant shall designate one of its partners to act as its responsible managing partner. Such designated person shall complete and sign all application forms and provide all information required in subsection (b) of this Section 11-305, but only one application fee shall be charged.

(d)   LICENSE FEES.

(1)   For any adult entertainment establishment there shall be an annual license fee of One Thousand Dollars ($1,000.00). This fee shall accompany all initial license applications and all renewal requests, and a license shall not be issued until the fee is paid in full.

(2)   Should an applicant choose to withdraw its application prior to a license under Section 11-305 being issued, the city shall refund fifty percent (50%) of the license fee upon the applicant’s request to the city clerk within ten (10) business days from the filing of an application and accompanying documentation, and prior to a license being issued. No refund shall be issued after issuance of a license.

(3)   Upon a denial of a properly filed application under Section 11-305, the city shall refund fifty percent (50%) of the license fee upon the applicant’s request to the city clerk within twenty (20) business days, but not sooner than ten (10) business days, of the notice of said denial, unless the applicant appeals the denial, in which case the refund shall not occur until after the appeal process has been completed and the denial has been upheld. At the conclusion of the appeal, provided the denial is upheld, the applicant shall have ten (10) business days from the date of final judgment to request the refund.

(e)   LICENSE – ELIGIBILITY REQUIREMENTS. To receive a license to operate an adult entertainment establishment, applicants must meet the following standards:

(1)   If the applicant is an individual:

(A)  The required fees must have been paid;

(B)  The application must conform in all respects to the provisions of this Article 3;

(C)  The applicant must not have knowingly made a false or misleading statement of a material fact in the application;

(D)  The applicant must be at least eighteen (18) years of age;

(E)   The applicant shall not have been convicted of, pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any morals charge as defined herein in any jurisdiction within the last five (5) years immediately preceding the date of the application;

(F)   The applicant must not have had a similar type of license in any jurisdiction previously suspended or revoked for good cause within five (5) years immediately preceding the date of the filing of the application;

(G)  The operation of the business as proposed, if permitted, must comply with all applicable building, fire, health and zoning laws.

(2)   If the applicant is a partnership, joint venture, corporation or any other type of organization where two (2) or more persons have a financial interest:

(A)  All persons having a financial interest in the partnership, joint venture or any other type of organization shall be at least eighteen (18) years of age. Financial interest in a corporation includes any officer or director of the corporation and any stockholder holding more than five percent (5%) of the stock of a corporation or any individual, partnership, and/or corporation which has outstanding or pending loan(s) with the applicant in the amount of $5,000.00 or greater.

(B)  No person having a financial interest in the partnership, joint venture, corporation or any other type of organization shall, in any jurisdiction, have been convicted of, pleaded nolo contendere to, or participate in a diversion program, after having been charged with a felony or any morals charge as defined herein within the immediate five (5) years preceding the date of the application.

(f)    EXAMINATION OF APPLICATION. If an application for a license is in proper form and accompanied by the license fee as provided for in Section 11-305(d), the city council shall examine the application, after review and a recommendation is made by the city application review board, composed of the city clerk or his/her designee, the zoning administrator or his/her designee, and the chief of police or his/her designee. If the applicant is fully qualified pursuant to the guidelines set forth in Section 11-305(e), the city council shall issue a license to the applicant within thirty (30) days from the date of the filing of the application. If the city council fails to act on the application within thirty (30) days after it is filed, the application shall be deemed granted. If the city council denies the application within thirty (30) days of the filing of the application, the application is deemed finally denied and the same application may not be made within one (1) year unless there are changed circumstances. If the city council denies the application, the applicant may appeal the denial pursuant to the provisions of K.S.A. 60-2101(d) and amendments thereto. If the city council takes action to deny an application, and that action occurs over thirty (30) days after it is filed, the denial shall be of no effect, except that this provision is not intended to limit the ability of the city council to revoke the license for any of the reasons in Section 11-306. If the applicant is not present in person or by an attorney during the city council session in which action is taken, written notice of the action shall be mailed to the applicant or attorney forthwith.

(g)   DISPLAY OF LICENSED REQUIRED. The license issued pursuant to Section 11-305 shall be displayed conspicuously at the entrance of the premises licensed as an adult entertainment establishment.

(h)   RENEWAL OF LICENSES. Every license issued pursuant to Section 11-305 shall terminate at the expiration of one (1) year from the date of issuance, unless sooner suspended or revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application for renewal to the city clerk’s office. The application for renewal shall be filed in duplicate and dated by the city clerk. An application for renewal license filed after the expiration date of the license shall not be accepted if the premises the renewal license is being sought for does not comply with the distance requirements set forth in Section 11-309. A renewal application shall in all other respects be treated as an application for an initial license.

Application for a license renewal must be made not later than thirty (30) days prior to the date of expiration of the license.

(i)    GENERAL REGULATIONS AND PROHIBITED CONDUCT. Every operator or employee of an adult entertainment establishment shall comply with the following regulations and the failure to comply with the regulations shall be unlawful:

(1)   No person under the age of eighteen (18) shall be employed in or around an adult entertainment establishment;

(2)   No person under the age of eighteen (18) shall be permitted to enter or remain in an adult entertainment establishment;

(3)   No person shall be knowingly employed in or around an adult entertainment establishment within two (2) years prior to when said person was released from probation from a conviction for a crime of or participated in a diversion agreement after being charged with, a morals charge or a felony.

(4)   Every adult entertainment establishment must maintain for inspection a list of all employees providing services directly related to the operation of the establishment including their date of birth, race, sex, and social security number.

(5)   Every adult entertainment establishment shall establish operating business hours and shall post such business hours at the entrance to the adult entertainment establishment premises. No adult entertainment establishment shall be open at any time between the hours of 1:00 a.m. and 6:00 a.m.

(j)    ALCOHOLIC BEVERAGES. No alcohol, liquor or cereal malt beverage shall be sold or consumed on the premises of an adult entertainment establishment except this provision shall not apply to rooms rented and occupied by persons in an adult hotel.

(k)   PRIVATE ROOMS AND CLOSED BOOTHS PROHIBITED.

(1)   Every adult motion picture arcade shall be physically arranged in such a manner that the interior portion of all viewing areas are visible from a common area of the premises and shall not be obscured by any curtains, drapes, doors or other enclosure except under the following conditions:

(A)  The booth is designed for a single occupant;

(B)  The booth has a door or curtains which cannot be locked, which may extend downward not closer than fifteen (15) inches from the floor, and which has an open space at the top so that the top of the door or curtain does not extend upward more than six (6) feet from the floor;

(C)  Conspicuous signs state, “only one occupant per booth”;

(D)  There are no openings between booths; and

(E)   It can readily be determined from outside the booth that there is no more than one (1) occupant inside the booth.

(2)   No licensee, manager, employee or agent shall permit or allow two (2) or more occupants to occupy any booth which has been designated as a booth designed for a single occupant.

(3)   No person shall enter into or remain in a booth which has been designated with a sign stating “only one occupant per booth” while another occupant is in the booth.

(l)    COMPLIANCE WITH OTHER REGULATIONS REQUIRED. No license shall be granted for an adult entertainment establishment unless the licensee fully complies with the health regulations, building codes, zoning ordinances, fire prevention and safety regulations of the city as applicable.

(Ord. 713, Sec. 1)

(a)   GROUNDS FOR SUSPENSION. Pursuant to the procedures set forth in Section 11-306(c), the chief of police may suspend for not more than thirty (30) days any adult entertainment establishment license or any escort service license, or escort or escort runner’s license (hereafter escort service license and escort or escort runner’s license being jointly referred to as “escort service license”), if the chief of police, based on credible and reasonably reliable information and evidence, determines that the licensee, its manager, its employee or agent has violated any provisions of this Article 3.

(b)   GROUNDS FOR REVOCATION. Pursuant to the procedures set forth in Section 11-306(c), the chief of police may revoke any adult entertainment establishment license, escort service license, regardless of whether such license has previously been suspended, if the chief of police, based on credible and reasonably reliable information and evidence, determines that any one (1) or more of the following has occurred:

(1)   The licensee:

(A)  knowingly, recklessly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any adult entertainment establishment license or any escort service license; or

(B)  knowingly, recklessly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee’s behalf;

(2)   The licensee, its manager or any person otherwise connected or associated with the licensee as a partner, director, officer or stockholder has violated any of the provisions of Section 11-304 or Section 11-305;

(3)   One or more adult entertainment establishment or escort service employees have, on three (3) or more occasions within a twelve (12) month period of time, Article 3, or

(A)  engaged in conduct in violation of any of the provisions of this

(B)   engaged in activity constituting a common or public nuisance pursuant to state law, including without limitation any activity specified in K.S.A. 22-3901 or amendments thereto;

(4)   The licensee, or any person identified pursuant to Section 11-304(i)(j), 11-304(r) or Section 11-305(e), has become ineligible to obtain an adult entertainment establishment license or an escort service license at any time during the term of the license at issue;

(5)   The nonpayment of any fee required herein;

(6)   For knowingly employing a person who has been, within five (5) years prior to the date of employment, or who during the period of employment is adjudged guilty of, or has participated in a diversion agreement after being charged with, a felony or a morals charge;

(7)   For knowingly employing a person who has been, within six (6) months prior to the date of employment, or who during the period of employment is adjudged guilty of, any violation of this Article 3;

(8)   The licensee has been convicted, subsequent to the issuance of an adult entertainment establishment license or an escort service license, of a crime involving a morals charge;

(9)   The licensee is a corporation which is not, or is no longer, qualified to transact business in the state of Kansas;

(10) The licensee authorizes, approves, or, as a result of the licensee’s negligent failure to supervise the licensed premises or the adult entertainment establishment/escort service, allows an adult entertainment establishment/ escort service employee, an adult entertainment establishment/escort service customer, or any other person to:

(A)  engage in conduct in violation of any of the provisions or requirements of this Article 3 or of the provisions or requirements of the adult entertainment establishment license or escort service license issued pursuant thereto; or

(B)  commit any morals charge on the premises licensed as an adult entertainment establishment or escort service;

(11) The premises licensed as an adult entertainment establishment or escort service is used as a place where activity constituting a public or common nuisance pursuant to state law, including without limitation any activity specified in K.S.A. 22-3901 or amendments thereto, is carried on or permitted to be carried on.

(c)   PROCEDURE. An adult entertainment establishment license or escort service license may be suspended for not more than thirty (30) days or revoked pursuant to the terms and conditions set forth herein.

(1)   Notice. Upon determining that one (1) or more of the grounds for suspension or revocation under 11-306(a) and Section 11-306(b) may exist, the chief of police shall serve a written notice on the licensee in person or by certified United States mail, postage prepaid, addressed to the licensee’s address as set forth in the licensee’s application. The written notice shall, at a minimum:

(A)  state that the chief of police has determined that the adult entertainment establishment license or escort service license may be subject to suspension or revocation pursuant to Section 11-306;

(B)  identify the specific grounds for the chief of police’s determination; and

(C)  specify the date such suspension or revocation shall be effective unless said determination of suspension or revocation is appealed to the city council. Such date shall be not less than ten (10) days after the notice of suspension or revocation is deposited in the United States mail or personally served upon the licensee.

(2)  

(A)  Appeal. A licensee may appeal an order of suspension or revocation to the city council by filing a notice of appeal with the city clerk by the date specified on the notice of suspension or revocation. The city council may stay the order of suspension or revocation upon hearing and a showing by the licensee and a finding that a substantial likelihood exists that the licensee will eventually prevail on the merits and that said licensee will suffer irreparable injury unless the stay is granted. If there is no stay by the city council, then the order of suspension or revocation shall not be stayed during the pendency of any such appeal.

(B)  Hearing. The hearing shall be held within ten (10) days of the filing of the notice of appeal, unless the licensee consents to a continuance, and shall be conducted by the city council. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the chief of police for suspending or revoking the license and the city and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the adult entertainment establishment or escort service pursuant to Section 11-307 shall be made part of the hearing record. Within three (3) business days after the close of the hearing, the city council shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. Such written decision shall be served upon the licensee and the chief of police in person or by certified United States mail, postage prepaid, addressed to the licensee’s address as set forth in the licensee’s application and to the chief of police at the city building. The action taken by the city council shall be final and shall be subject to immediate and expedited judicial review pursuant to K.S.A. 60-2101(d). It is the intent of the city that such review proceed on a priority basis and a hearing thereon be set as soon as practicable and without delay.

(3)   Surrender of license. Upon the suspension or revocation of an adult entertainment establishment license or any escort service license, the chief of police shall take custody of the suspended or revoked license. In case of the revocation of a license of any licensee, no new license shall be issued to such person or to any person acting for or on his or her behalf, for a period of two (2) years after the revocation becomes effective.

(Ord. 713, Sec. 1)

The city clerk shall cause to be kept in the office of the city clerk an accurate record of every adult entertainment establishment license, escort service license and escort/escort service runner license and application received and acted on, together with all relevant information and material pertaining to such application and any license issued pursuant to this Article 3. The city clerk shall further maintain any information it receives from any reliable sources relating to any adult entertainment establishment, escort service and escort/escort service runner.

(Ord. 713, Sec. 1)

(a)   AUTHORITY. The city police department and other city representatives and law enforcement departments with jurisdiction shall periodically inspect all adult entertainment establishments and escort services as shall be necessary to determine compliance with the provisions of this Article 3 and all other applicable law.

This provision does not apply to rooms occupied by customers of an adult hotel during periods of such occupancy.

(b)   LICENSEE COOPERATION. A licensee, manager or any adult establishment/escort service employee shall grant immediate entry to representatives of the city police department and other City representatives to inspect the premises licensed as an adult entertainment establishment or escort service for the purpose of determining compliance with the provisions of this Article 3 and all other applicable laws or regulations at any time during which the premises is occupied or the adult entertainment establishment or escort service is open for business.

(c)   INTERFERENCE OR REFUSAL ILLEGAL. It shall be unlawful for the licensee, manager, any adult entertainment establishment/escort service employee, or any other person to prohibit, delay, interfere with, or refuse to allow, any lawful inspection conducted by the city pursuant to this Article 3 or any other authority.

(d)   REFUSAL OF IMMEDIATE ENTRY ILLEGAL. It shall be unlawful for the licensee, manager, any adult entertainment establishment/escort service employee, or any other person to refuse immediate entry to a representative of the city police department and other city representatives at any time during which the premises is occupied or the adult entertainment establishment or escort service is open for business.

(e)   REVOCATION. Any such prohibition, delay, interference, or refusal shall be grounds for suspension or revocation of the adult entertainment establishment license or escort service license pursuant to Section 11-306.

(Ord. 713, Sec. 1)

(a)   GENERAL DISTANCE REQUIREMENTS. No adult entertainment establishment or escort service shall be located less than seven hundred fifty feet (750) feet from a church; less than seven hundred fifty feet (750) feet from a school; less than seven hundred fifty feet (750) feet from a public park; less than seven hundred fifty feet (750) feet from a residential dwelling; or less than seven hundred fifty feet (750) feet from any other adult entertainment establishment or escort service, regardless of licensure. This distance is to be measured from the nearest property line of the church, school, public park, residential dwelling, or other adult entertainment establishment/escort service, to the nearest property line of the premises on which the adult establishment or escort service is located or of any parking lot designated to be used by the customers of such an establishment.

(b)   EXCEPTIONS.

(1)   There shall be no violation of this Section if a church, school, public park, residential dwelling, or other adult entertainment establishment or escort service moves into the seven hundred fifty (750) foot area after an adult entertainment establishment or escort service has been licensed and has commenced operations.

(2)   An adult entertainment establishment or escort service may be located within seven hundred fifty (750) feet of a currently occupied residential dwelling provided that any currently occupied residential dwelling within seven hundred fifty (750) feet of the adult entertainment establishment or escort service is separated from the adult entertainment establishment or escort service by a roadway designated as a United States highway.

(3)   An adult entertainment establishment or escort service may remain at a location within seven hundred fifty (750) feet of a church, school, public park, residential dwelling, or separate adult entertainment establishment/escort service until October 1, 2009, if the adult entertainment establishment or escort service was located at such premises on or before October 1, 2006, so long as said adult entertainment establishment or escort service applies for an adult entertainment establishment license or escort service license within thirty (30) days of the effective date of this Article 3, an adult establishment license or escort service license is issued to the adult establishment or escort service within sixty (60) days of the effective date of this Article 3, and so long as said adult establishment or escort service is continuously operated as an adult establishment or escort service at said location since October 1, 2006, subject to the exceptions and limitations set forth below.

(A)  Should an adult entertainment establishment or escort service fail to continuously maintain a valid adult entertainment establishment license or escort service license at any time after the effective date of this Article 3, the exception set forth in Section 11-309(b) shall be inapplicable from and after the date the adult entertainment establishment or escort service becomes unlicensed and no adult entertainment establishment license or escort service license shall thereafter be issued or renewed pursuant to the exception set forth in Section 11-309(b)(3) to any person for the operation of said adult entertainment establishment or escort service; provided, that an adult entertainment establishment or escort service shall not be considered unlicensed under this Section if the licensee of said adult entertainment establishment or escort service successfully appeals a license revocation or suspension pursuant to the procedure set forth in this Article 3; further provided, that an adult entertainment establishment or escort service shall not be considered unlicensed during the first thirty (30) days after the effective date of this Article 3 nor during the time any license application submitted within thirty (30) days of the effective date of this Article 3 remains pending.

(B)  An adult entertainment establishment or escort service that has ceased, at any time after October 1, 2006, to be used for such purpose at the location specified in the adult entertainment establishment license or escort service license in effect on October 1, 2006, for a period of ninety (90) days or more shall not be deemed to have been continuously operated as an adult establishment or escort Service for purposes of the exception set forth in Section 11-309(b)(3).

(C)  The exception set forth in Section 11-309(b)(3) shall be inapplicable to an adult entertainment establishment or escort service should either of the following occur:

(i)    one or more adult entertainment establishment or escort service employees have, on three (3) or more occasions within a twelve (12) month period of time, engaged in activity constituting a common or public nuisance pursuant to state law, including without limitation any activity specified in K.S.A. 22-3901 or amendments thereto; or

(ii)   the licensed premises is used as a place where activity constituting a public or common nuisance pursuant to state law, including without limitation any activity specified in K.S.A. 22-3901 or amendments thereto, is carried on or permitted to be carried on.

(D)  No adult establishment license or escort service license shall be issued or renewed pursuant to the exception set forth in Section 11-309(b) to any person, or for any location or premises not identified in the adult entertainment establishment license or escort service license in effect on October 1, 2006; further, that should an adult entertainment establishment or escort service cease to be used for such purpose at the location specified in the adult establishment license or escort service license in effect on October 1, 2006, for a period of ninety (90) days or more, then in that event, any existing license shall be deemed to expire at twelve noon on the first calendar day of non-use, continuous operation of the adult establishment or escort service shall be deemed to have ceased at twelve noon on the first calendar day of non-use, and no new adult entertainment establishment license or escort service license shall be issued for the establishment except as specifically provided for herein.

Should a license expire pursuant to this provision, the licensee may make application to the city clerk for a refund of the portion of license fee attributed to the remaining period of the license not later than ten (10) business days after the ninetieth day for non-use. No refunds shall be made for a period of time less than thirty (30) days.

(E)   Periods of time during which such licensed premises are being remodeled or repaired because of normal wear and tear, desire to improve the quality of the premises, or damage caused by fire or natural disaster such as floods or windstorms, shall not be included in computing the above ninety (90) day period, provided, that any remodeling or repair shall be commenced within ninety (90) days after the closure of any structure and completed within a reasonable time thereafter. The zoning administrator shall be notified in writing within thirty (30) days of closing such adult entertainment establishment or escort service for remodeling or repair. Such written notice shall state the date of commencement and estimated or actual completion of remodeling or repair. No adult entertainment establishment or escort service shall be re-licensed and shall cease to be used as an adult entertainment establishment or escort service if repair is not commenced within ninety (90) days within a reasonable time thereafter and/or if the zoning administrator is not notified within the thirty (30) days of closing any structure for remodeling or repair.

(4)   On or before October 1, 2009, all adult entertainment establishments or escort services where the licensed premises are located within seven hundred fifty (750) feet of a church, school, public park, residential dwelling, or separate adult entertainment establishment or escort service, shall cease operation unless the adult entertainment establishment or escort service is within the exceptions set forth in Section 11-309(b).

(5)   On or after October 1, 2009, the exceptions set out in Section 11-309(b)(3) shall be null and void.

(Ord. 713, Sec. 1)

Any person who violates any provision of this Article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Ord. 713, Sec. 1)

Any violation of the provisions of this Article 3 shall be and the same is declared to be an unlawful and public nuisance. The city may in addition to or in lieu of any other remedies set forth herein, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance and restrain and enjoin any person from establishing, operating or maintaining an adult establishment or escort service contrary to the provisions of this Article 3.

(Ord. 713, Sec. 1)

Should any court declare any section, clause or provision of this Article 3 to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other remaining section, clause or provision of this Article 3.

(Ord. 713, Sec. 1)