Adult-oriented business means any sexually oriented business as defined in K.S.A. 12-770 and any amendments thereto. All definitions of words and phrases in K.S.A. 12-770 and any amendments thereto are incorporated herein and made the definitions of the same words wherever they appear in this article unless the context clearly requires otherwise.

(Ord. No. 2003-2865, § 1(14-200), 12-17-2003)

The following standards of operation shall be adhered to by all adult-oriented businesses, their employees and all managers, servers and entertainers and patrons of adult-oriented businesses, while on or about the premises of the business:

(1)   Age restriction. Only persons 18 years of age or older shall be permitted on the premises of any adult-oriented entertainment business.

(2)   Closed booths or rooms prohibited. No part of any booth, cubicle, room or stall open to the public, with the exception of restrooms, shall be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.

(3)   Exterior display. No adult-oriented business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to specific sexual activities or specified anatomical areas, as defined herein, from any exterior source by display, decoration, sign, show window or other opening.

(4)   Exterior observation. The premises of all adult-oriented businesses will be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.

(5)   Hours of operation. No adult-oriented business may be open or in use between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday, when the business may not be open between the hours of 2:00 a.m. and noon.

(6)   Lighting required. The premises of all adult-oriented businesses shall be lighted in every place to which customers are permitted access, at an illumination of not less than one foot-candle, as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present on the premises.

(7)   Nudity or seminudity prohibited. No manager, employee, server, entertainer or patron in an adult-oriented business shall be nude or seminude, or clothed in less than opaque attire.

(8)   Touching prohibited. No manager, employee, server, entertainer or patron in an adult-oriented business shall touch the “specified anatomical areas” defined in K.S.A. 12-770(a)(15) of any other manager, employee, server, entertainer or patron.

(Ord. No. 2003-2865, § 1(14-210), 12-17-2003)

The city manager shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his/her office and which are not inconsistent with the provisions of this article.

(Ord. No. 2003-2865, § 1(14-12), 12-17-2003)

It shall be unlawful for any person to violate any of the provisions of this article. Upon conviction thereof, the general penalty and continuing violations set forth in Concordia Code section 1-5 shall apply.

(Ord. No. 2003-2865, § 1(14-13), 12-17-2003)

(a)   It shall be unlawful for any person to operate or maintain an adult-oriented business in the city unless the owner, operator or lessee thereof has obtained an adult-oriented business license from the city, or to operate such business after such license has been revoked or suspended by the city.

(b)   Any business that engages in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general but only to one or more classes of the public, excluding any minor by reason of age, shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate city officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an adult-oriented business as defined herein. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of such business.

(Ord. No. 2003-2865, § 1(14-201), 12-17-2003)

It is unlawful for any person to work as an entertainer, server or manager at an adult-oriented business without first obtaining a license to do so from the city, or to work as an entertainer, server or manager at an adult-oriented business after such person’s license to do so has been revoked or suspended.

(Ord. No. 2003-2865, § 1(14-202), 12-17-2003)

(a)   The license year for all fees required herein shall be from January 1 through December 31. The application for a license shall be accompanied by payment in full of the fee stated herein by cash, certified or cashier’s check, or money order, and no application shall be considered complete until such fee is paid.

(b)   All licenses shall be issued for a specific location and shall be nontransferable, and license fees shall be nonrefundable.

(c)   The license fees shall be as established by this chapter.

(Ord. No. 2003-2865, § 1(14-203), 12-17-2003)

All adult-oriented business licenses shall be issued only for the one adult-oriented business use listed on the application. Any change in the type of adult use shall invalidate the adult-oriented business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult use.

(Ord. No. 2003-2865, § 1(14-204), 12-17-2003)

(a)   Adult-oriented business license. All persons desiring to secure a license to operate an adult-oriented business as required herein shall make a verified application with the city clerk. All applications shall be submitted in the name of the person who owns the adult-oriented business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its president. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The city clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the city clerk, and shall require the following information:

(1)   The name, residence address, home telephone number, occupation, date, place of birth, and social security number of the applicant.

(2)   The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.

(3)   The name of the adult-oriented business, a description of the type of adult- oriented business to be performed on the licensed premises, and the name of the owner of the premises where the adult-oriented business will be located.

(4)   The names, residence addresses, social security numbers and dates of birth of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all corporate officers and directors and stockholders or members who own more than 25 percent interest in the corporation.

(5)   A statement from the applicant whether the applicant, or any corporate officer or director, or stockholder, partner or member who owns more than 25 percent interest in such entity in previously operating in this or another city, county or state, has had an adult-oriented business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.

(6)   A statement from the applicant, all partners or each corporate officer and director that each such person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child, pornography or related offenses, or controlled substances, illegal drugs or narcotics offenses as defined in the Kansas Statutes or municipal ordinances.

The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution, sale of controlled substances, illegal drugs or narcotics.

(7)   If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas Secretary of State.

(8)   A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this article regulating adult oriented businesses.

Failure to provide the information and documentation required herein shall constitute an incomplete application. The city clerk shall notify the applicant whether or not the application is complete within ten working days of the date the application is received by the city clerk.

(b)   Manager, server or entertainer license. All persons desiring to secure a license to be a manager, server or entertainer shall make a verified application with the city clerk. All applications shall be submitted in the name of the person proposing to be a manager, server or entertainer. All applications shall be submitted on a form supplied by the city clerk and shall require all of the following information:

(1)   The applicant’s name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining.

(2)   If applicable, the name and address of each adult business where the applicant intends to work as a manager, server or entertainer.

(3)   A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of, or diverted from prosecution on a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Statutes or municipal ordinances.

The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.

(4)   The applicant shall present to the city clerk, who shall copy, documentation that the applicant has attained the age of 18 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:

a.     A motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;

b.    A state-issued identification card bearing the applicant’s photograph and date of birth;

c.     An official and valid passport issued by the United States of America;

d.    An immigration card issued by the United States of America;

e.     Any other form of picture identification issued by a governmental entity that is deemed reliable by the city clerk; or

f.     Any other form of identification deemed reliable by the city clerk.

(c)   Incomplete applications. Failure to provide the information required herein shall constitute an incomplete application. The city clerk shall notify the applicant whether or not the application is complete within ten working days of the date the application was received by the city clerk.

(Ord. No. 2003-2865, § 1(14-205), 12-17-2003)

Upon receipt of an application for an adult-oriented business license, or a manager, server or entertainer license, the city clerk shall immediately transmit one copy of the application to the chief of police for investigation of the application. In the case of an adult-oriented business license application, the city clerk shall also transmit a copy of the application to the community development specialist and the building official. It shall be the duty of the chief of police to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance. The chief of police shall report the results of the investigation to the city clerk not later than ten working days from the date the application is received by the city clerk. It shall be the duty of the community development specialist and the building official to determine whether the structure where the adult-oriented business will be conducted complies with the requirements and meets the standards of the applicable zoning code, building code, fire and property maintenance ordinances, and health regulations. The community development specialist and the building official shall report the results of their investigation to the city clerk not later than ten working days from the date the application is received by the city clerk. Upon receipt of the reports from the chief of police, the community development specialist and the building official, the city clerk shall forward the application for consideration by the city manager, who shall approve or disapprove the license.

(Ord. No. 2003-2865, § 1(14-206), 12-17-2003)

(a)   The city manager shall examine an application for an adult-oriented business license, or a manager, server, or entertainer license, within 30 days of the date such application was received by the city clerk. After such examination, the city manager shall approve the issuance of a license only if the appropriate license fee has been paid, the applicant is qualified, and all the applicable requirements set forth herein are met. No license shall be approved for any person ineligible pursuant to the provisions herein. All incomplete applications shall be denied.

(b)   The city manager’s report on license examination shall be in writing and show the action taken on the application. If the license is granted, the city manager shall direct the city clerk to issue the proper license.

(c)   If an application for a license is disapproved, the applicant shall be immediately notified by certified mail, and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may appeal the denial to the governing body by submitting a request for the appeal, in writing, to the city clerk. An appeal shall be considered by the governing body at a regular or special meeting to be held within 15 days of receipt of the appeal. Any applicant aggrieved by the governing body’s disapproval of a license application may seek judicial review in a manner provided by law.

(Ord. No. 2003-2865, § 1(14-207), 12-17-2003)

(a)   A license may be renewed by making application to the city clerk on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between November 1 and December 10.

(b)   Upon timely application and review as provided for a new license, a license issued under the provisions of this article shall be renewed by issuance of a new license in the manner provided herein.

(c)   If the application for renewal of a license is not made during the time provided herein, the expiration of such license shall not be affected and a new application shall be required.

(Ord. No. 2003-2865, § 1(14-208), 12-17-2003)

No person is eligible nor shall a license be issued to:

(1)   An applicant for an adult-oriented business license if one or more of the following conditions exist:

a.    The operation of an adult-oriented business is not permitted within the zoning district in which the business is located.

b.    The proposed adult-oriented business is to be located within 1,000 feet of any of the following within the corporate limits of the city:

1.    A boundary of a residential district;

2.    A church or synagogue;

3.    A school (grades K through 12);

4.    A group day care center or kindergarten; or,

5.    A public park or playground, if any portion of the park or playground or a street abutting any portion of the park or playground is within or abuts a residential district.

       For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult-oriented business is conducted, to the nearest property line of the premises of a church or rectory, school, group day care center or kindergarten or to the nearest boundary of an affected public park or playground or residential district.

c.    The proposed adult-oriented business is to be located within 500 feet of another adult-oriented business. The distance between two adult-oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located.

d.    The proposed adult-oriented business is to be located in the same building, structure or portion thereof in which an existing adult- oriented business is located;

e.    The applicant knowingly failed to supply all of the information requested on the application;

f.     The applicant knowingly gave materially false, fraudulent or untruthful information on the application;

g.    The applicant’s proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the city, provided, that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the governing body;

h.    The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein;

i.     The applicant has had an adult-oriented business license or comparable license revoked or suspended in this or any other city during the past five years; or

(2)   An applicant for a manager, server or entertainer license if one or more of the following conditions exist:

a.    The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein;

b.    The applicant knowingly failed to provide all of the information required on the application;

c.    The applicant knowingly gave materially false, fraudulent or untruthful information on the application;

d.    The applicant has had a manager, server or entertainer license revoked or suspended in this or any other city during the past five years; or

e.    The applicant is applying for a license for a manager, server or entertainer in a bathhouse or body painting studio and has not produced a health certificate as required herein.

(Ord. No. 2003-2865, § 1(14-209), 12-17-2003)

(a)   Whenever the city manager has information that:

(1)   The owner or operator of an adult-oriented business has violated, or knowingly allowed or permitted the violation of any of the provisions of this article; or

(2)   There have been recurrent violations of provisions of this article which have occurred under such circumstances that the owner or operator of an adult-oriented business knew or should have known that such violations were committed; or

(3)   The license was knowingly obtained through false statements in the application for such license or renewal thereof; or

(4)   The licensee knowingly failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or

(5)   The owner, operator or any partner, or any corporate officer or director holding an adult-oriented business license has become disqualified from having a license by a conviction as provided herein.

       Then the city manager shall, upon five days’ written notice to the licensee, conduct a hearing to determine whether the license should be suspended or revoked.

(b)   Based on the evidence produced at the hearing, the city manager may take any of the following actions:

(1)   Suspend the license for up to 90 days;

(2)   Revoke the license for the remainder of the license year; or

(3)   Place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the ordinance occur during the period of probation. If a violation does occur, and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.

(c)   A license holder may appeal a suspension or revocation to the governing body in the same manner as a license application disapproval.

(Ord. No. 2003-2865, § 1(14-211), 12-17-2003)