(a) Nothing in this article shall be construed to apply to any play, drama, ballet or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education or other similar establishment as a form of expression or opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of the commercial or business enterprise.
(b) The establishment of any adult business establishment subject to these regulations shall include any of the following activities:
(1) The opening of such a business as a new business.
(2) The relocation of an adult business establishment.
(3) The conversion of an existing business to an adult business establishment.
(4) An increase of the square footage of an existing adult business establishment.
(5) The conversion of an existing adult business establishment to a different type of adult business establishment.
(Prior Code 2016 §635.010; Code 2021)
(a) Age Restriction. Only adults, as defined in section 5-412, shall be permitted on the premises of any adult business establishment. If alcoholic or cereal malt beverages are sold or served on the premises, only persons twenty-one (21) years of age or older may be permitted on the premises.
(b) Hours Of Operation. It shall be unlawful for any adult business establishment to be conducted, operated or otherwise open to the public, customers or members between the hours of Midnight and 11:00 A.M. No adult business establishment shall be open on any Sunday.
(c) Exterior Display. The premises of all adult business establishments shall be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all exterior doorways must be constructed with an anteroom or foyer so as to prevent observation of the interior of the premises from the exterior of the building.
(d) Nudity Prohibited.
(1) No employee, entertainer or customer in an adult business establishment shall be unclothed, nude or in such less than opaque and complete attire, costume or clothing, so as to expose to view any “specified anatomical area” except when such employee is separated from any and all customers by a protective barrier.
(2) No business licensed to sell or offer for consumption on the premises alcoholic liquor or cereal malt beverage shall permit any person to appear live or depicted in film or pictures on the licensed premises in a state of nudity.
(e) Protective Barrier Required. Any adult business establishment engaging in the display or performance of live models, dancers, entertainers or other performers in an erotic manner, or which is otherwise intended to provide sexual stimulation or to appeal to arouse or excite the sexual desires or interests of patrons, shall erect a platform at least two (2) feet above the primary level of the customer floor level on which the employee or entertainer must be contained, shall not permit customers within ten (10) feet of the employee or entertainer and shall, in addition, erect a protective barrier from floor to ceiling of sufficient strength to prevent customers from entering the area of the employee or entertainer or touching the employee or entertainer in any manner. Further, it shall be unlawful for any customer to be upon any portion of the stage during a performance or for an owner, operator or manager to permit a customer to be upon any portion of the stage during the performance.
(f) Erotic Touching Prohibited. No employee, dancer or entertainer of an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals of any person with the intent to arouse or gratify the sexual desires of any other person, whether or not such sexual or genital part of such other person is clothed, unclothed, covered or exposed. Likewise, no customer in an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals of any person with the intent to arouse or gratify the sexual desires of any employee, dancer or performer, whether or not such sexual or genital part of such dancer or performer is clothed or unclothed, covered or exposed.
(g) Display Or Performance. No adult business establishment shall permit any employee, entertainer, model, dancer or other performer to participate in any entertainment, live display or performance which depicts, describes or simulates “specified sexual activities” or contains any acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(h) Devices. No employee, model, dancer, entertainer or other performer shall wear or use any device or covering exposed to view which simulates any “specified anatomical area”, nor shall any employee, model, dancer, entertainer or other performer use artificial devices or inanimate objects to depict any of the prohibited activities described in this Article.
(i) Entertainer Payment Or Gratuity. No model, dancer, entertainer or other performer, while on the premises of an adult business establishment, shall solicit, demand or receive any payment or gratuity from any customer.
(j) Lighting. All adult business establishments shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than two (2) foot-candles as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
(k) Outdoor Vending Machines Prohibited. No coin- or token-operated vending machine which sells adult media may be located in a place open to the public, except that said machines are permitted in public places from which minors are excluded.
(l) Closed Booths Or Rooms Prohibited. The premises of all adult business establishments shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms, or stalls is visible from a public common area of the premises.
(1) Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
(2) The entire body of any viewing person must also be visible from the public, common area without the assistance of mirrors or other viewing aids.
(3) No booth shall be occupied by more than one (1) customer at a time.
(4) No holes shall be permitted between booths or individual viewing areas.
(m) Identification Cards. Any adult business employee issued a permit by the City Clerk under the provisions contained herein shall, at all times when working in an adult business establishment, have in their possession a valid identification card issued by the City, bearing the permit number, the employee’s physical description and a photograph of such employee. Such identification card shall be laminated to prevent alteration.
(n) Ventilation And Sanitation Requirements. The premises of all adult business establishments shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
(o) Manager On Premises.
(1) A manager shall be on duty at all adult business establishments at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
(2) It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within any adult business establishment possess a current and valid permit and that the employees have possession of such permits at all times while working.
(p) General Prohibitions. No owner, operator, manager, or other person in charge of the premises of an adult business establishment shall:
(1) Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises unless authorized to do so by a properly issued and current drinking establishment or cereal malt beverage license;
(2) Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
(3) Knowingly allow or permit any person under the age of eighteen (18) to be in or upon the premises of an adult business establishment;
(4) Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises as prohibited by State law or City ordinance;
(5) Knowingly allow or permit a violation of this article or any other City ordinance provision or State law; or
(6) Knowingly allow any entertainer, employee, manager or operator to perform any work, service or entertainment directly related to the operation of an unlicensed adult business.
(q) Facilities Necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the appropriate City Official, or his/her authorized representative, reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:
(1) The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business’ operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No activity related to an adult business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.
(2) Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
(3) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
The appropriate City Official shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk. Provided however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof. The appropriate City Official may recommend the issuance of a license contingent upon the compliance with any requirements in this Section.
(Prior Code 2016 §635.020; Code 2021)
All adult business establishments shall maintain on the premises a sign on which the upper-case letters shall be at least two (2) inches high, and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance to the adult business establishment and shall read as follows:
THIS ADULT BUSINESS IS REGULATED BY THE CITY OF PAOLA, KANSAS. EMPLOYEES, MODELS, DANCERS AND ENTERTAINERS:
*Are not permitted to engage in any type of sexual conduct or in prostitution on the premises, or to fondle or caress the breasts, pubic region, buttocks or genitals of any employee, customer or other entertainer or to permit any employee, customer or other entertainer to fondle or caress the breasts, pubic region, buttocks or genitals of said entertainer;
*Are not permitted to be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks and/or genitals, except when on a raised platform and separated from customers by protective barrier between the employees, entertainer and customers.
*Are not permitted to receive any payment or gratuity from any customer.
*NO nudity is permitted in establishments licensed to sell or serve alcoholic liquor or cereal malt beverages.
CUSTOMERS ARE:
*Not permitted to be upon stage at any time.
*Not permitted to caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server, entertainer or customer or engage in solicitation for prostitution.
(a) Adult Business Establishment License Required. No adult business establishment shall operate without having first obtained an annual adult business license from the City Clerk. A separate license shall be required for each and every separate place of business conducted by any one (1) applicant. Such permit shall be valid only from January first (1st) to December thirty-first (31st). Every person licensed as an adult business establishment shall post such license in a conspicuous place and manner on the adult business establishment premises. The failure to post an adult business license in the manner required herein shall be prima facie evidence that an adult business has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee, manager or owner who performs any business, service or entertainment in an adult business in which an adult business license is not posted in the manner required herein had knowledge that such business is not licensed.
(1) License application. When making application to the City for an adult business establishment license, the applicant shall provide the following information which shall be signed by the applicant and notarized and be accompanied by a non-refundable, non-prorated application fee as set by the City Council, which shall be in addition to any other applicable tax, license or fee:
(A) The name, residence address, home telephone number, date and place of birth and social security number of the applicant and his/her relationship to the business.
(B) The business name, address and telephone number of the establishment. The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
(C) The names, residence addresses, residence telephone numbers, social security numbers and dates of birth of any stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity.
(D) The name, address and telephone number of the owner of the property at which the business will be located.
(E) A description of the adult entertainment or similar business history of the applicant or of all partners or of all corporate officers and directors or any stockholder, partner, or member who owns more than twenty-five percent (25%) interest in such entity previously operating in this or another City, County or State, where it has had a business license revoked or suspended, the reason therefor and the activity or occupation subjected to such action, suspension or revocation.
(F) A statement from the applicant, and any stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity, that each such person has not been convicted of, or released from confinement for conviction for, any felony or diverted from prosecution of any felony, whichever event is later, within five (5) 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 (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses or controlled substance or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(G) A full set of fingerprints and two (2) photographs, to be taken by the Paola Police Department, of the applicants or of any stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity.
(H) If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas Secretary of State.
(I) On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall provide for each employee a health certificate from a duly licensed Kansas physician stating that within ninety (90) days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement. For each person who is employed, the above described health certificate shall be submitted to the City Clerk within forty-eight (48) hours of the time such person begins employment.
(J) A statement signed under oath that the applicant has personal knowledge and that the information therein is true and correct and that the applicant has read the provisions of this article regulating adult business establishments.
(b) Employee Permit Required. All persons employed in an adult business establishment as a manager or operator or as a model, dancer, entertainer or other performer must annually obtain an adult business employee permit. This permit will be valid from January first (1st) until December thirty-first (31st).
(1) Permit application. Any person desiring an adult business employee permit shall provide the following information which shall be signed by the applicant and notarized and be accompanied by a non-refundable, non-prorated application fee set by the City Council, which shall be in addition to any other applicable tax, license or fee:
(A) The applicant’s name, home address, home telephone number, date of birth, social security number, and any stage names or nicknames used in entertaining or performing.
(B) The name and address of each business at which the applicant intends to work as a manager, operator, employee or dancer, model, entertainer or other performer.
(C) A statement from the applicant that he/she 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 (5) 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 (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses or controlled substance or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(D) A full set of fingerprints and two (2) photographs taken by the Paola Police Department.
(E) The applicant shall provide documentation that he/she has attained the age of eighteen (18) years of age or twenty-one (21) years of age if the adult business establishment in which the applicant will be working sells or serves alcoholic or cereal malt beverages.
(F) A statement signed under oath that the applicant has personal knowledge and that the information therein is true and correct and that the applicant has read the provisions of this article regulating adult business establishments.
(c) Application Processing. Upon receipt of an application for an adult business or adult business employee license, the City Clerk shall immediately transmit one (1) copy of the application to the Police Chief for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the City Building Inspector. It shall be the duty of the Police Chief to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license for which the application is made. The Police Chief shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. It shall be the duty of the City Building Inspector to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The City Building Inspector shall report the results of his/her investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Police Chief and the City Building Inspector, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for an adult business, server, manager, or entertainer license shall be approved or disapproved within thirty (30) days from the date the application is received by the City Clerk. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.
(d) Criteria For Approval. A license or permit will be issued within thirty (30) days of the date application is made if the City finds that:
(1) The business for which a license is required will be conducted in a building, structure and location which complies with the requirements and standards of the applicable zoning and building codes of the City, as well as the requirements of this article.
(2) The applicant has not made any knowingly false, misleading or fraudulent statement of material fact in the application for a license or permit or in any report or record which may be required to be filed with the City Clerk.
(3) The applicant and all employees, agents, partners, directors, officers or managers have attained the age of eighteen (18) years of age, or if the business for which the license or permit is required sells or serves alcoholic or cereal malt beverages, then the applicant and all employees, agents, partners, directors, officers or managers have attained the age of twenty-one (21) years of age.
(4) The applicant or any partner or any stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application or has not been convicted of or diverted from prosecution of a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses or controlled substance or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(5) The applicant or any stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity has not had a license or permit issued under the provisions of this Article or another State, County or municipality’s regulations governing adult entertainment or similar businesses revoked within five (5) years immediately preceding the application.
(e) Disapproval Of Application. If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant’s last known address, and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in the Miami County District Court in a manner provided by law. Such appeal shall be filed within thirty (30) days of the final decision of the Governing Body.
(f) Suspension And Revocation Of License. Whenever the City has information that:
(1) The owner or operator of an adult business establishment has violated or knowingly allowed or permitted the violation of any of the provisions of this Article; or
(2) There have been recurrent violations of provisions of this Article that have occurred under such circumstances that the owner or operator of an adult business establishment knew or should have known that such violations were committed; or
(3) The adult business establishment license was obtained through knowingly false statements in the application for such license or renewal thereof; or
(4) The adult business establishment knowingly failed to make a complete disclosure of all information in the application for such license or renewal thereof; or
(5) The owner or operator or any stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity has become disqualified from having a license by a conviction described in subsection (d);
(6) Any cost or fee required to be paid by this article is not paid; or
(7) An operator employs an entertainer who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer without a permit; then the City may, upon five (5) days of posting notice on the adult business establishment’s principal entrance, suspend the business license for a period not to exceed sixty (60) days. Within ten (10) days of the date of the notice, the City Council shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the business and shall be served upon the business in person or by registered or certified mail to the applicant’s last known business address. In the event that the City is not able to serve notice upon the business in person, and any notice sent by mail is returned by the postal service, the City shall cause such notice to be posted at the principal entrance of the adult business establishment, and such posting shall be a valid means of service. If the City finds and concludes from the evidence that the licensee has violated any of the above provisions, it may suspend, revoke or, in the case of a renewal application, refuse to renew such license. In case of revocation or non-renewal, no new license shall be issued to such business for a period of six (6) months after the revocation becomes effective. Following the entry of an order by the City Clerk suspending or revoking a license issued pursuant to this article, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
(g) Suspension And Revocation Of Permit. Whenever the City has information that:
(1) The permittee 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 that have occurred under such circumstances that the permittee knew or should have known that such violations were committed; or
(3) The adult business employee permit was obtained through knowingly false statements in the application for such permit or renewal thereof; or
(4) The permittee knowingly failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or
(5) The permittee has become disqualified from having a permit by a conviction described in subsection (d); or
(6) The adult business establishment license for the business in which the permittee is working has been suspended or revoked; then the City may, five (5) days after sending notice to the permittee by placing such notice in the U.S. mail to the home address provided on the permittee’s application, suspend the permit for a period not to exceed sixty (60) days. Within ten (10) days of the date of the notice, the City Council shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the address provided on the permittee’s application. In the event that the City is not able to serve notice upon the permittee in person, and any notice sent by mail is returned by the postal service, service shall still be considered valid. An appeal taken from an order of suspension shall not suspend the order of suspension during the pendency of any such appeal. If the City finds and concludes from the evidence that the permittee has violated any of the above provisions, it may suspend, revoke or, in the case of a renewal application, refuse to renew such permit. In case of revocation or non renewal, no new permit shall be issued to such individual for a period of six (6) months after the revocation becomes effective. Following the entry of an order by the City Clerk suspending or revoking a license issued pursuant to this article, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
(Prior Code 2016 §635.040; Code 2021)
(a) Business licenses and employee permits are not transferable, and such authority as a license or permit confers shall be conferred only on the individual or business named therein.
(b) Any applications made, fees paid and licenses or permits obtained under any of the provisions of this Article shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinance of this City.
(c) All adult business licenses shall be issued only for the one (1) adult business use listed on the application. Any change in the type of adult use shall invalidate the adult business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult use.
(Prior Code 2016 §635.050; Code 2021)
(a) A license or permit may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses and permits shall expire on December thirty-first (31st) of each calendar year, and renewal applications for such licenses shall be submitted between December sixteenth (16th) and December thirty-first (31st).
(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 or permit in the manner provided herein.
(c) If the application for renewal of license or permits is not made during the time provided herein, the expiration of such license or permit shall not be affected, and a new application shall be required.
(d) Following the entry of an order by the City Clerk disapproving the renewal application for a license, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
(Prior Code 2016 §635.060; Code 2021)
(a) In addition to the other requirements set out in this article, the operator of an adult business establishment shall also have the following responsibilities:
(1) Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed an act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(2) The operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for the purposes of determining whether the license for the adult business establishment shall be suspended, revoked or renewed.
(3) The operator shall maintain a register of all employees showing the name and aliases used by the employee, home address, age, birth date, sex, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of one (1) year following termination. The operator shall make the register of employees available immediately upon demand of any Law Enforcement Officer at all reasonable times.
(4) There shall be posted and conspicuously displayed in the common areas of each adult entertainment business a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. The operator shall make the list available immediately upon demand of any Law Enforcement Officer at all reasonable times.
(Prior Code 2016 §635.070; Code 2021)
(a) Any duly authorized officer of the City, including, but not limited to, Police Officers, Building Inspectors, Director of Public Works employees, may from time to time make an inspection of each adult business establishment for the purposes of determining that the provisions of this article are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for anyone to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
(b) Any business that engages in the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general but only to one (1) or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate City Officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an “adult business establishment” as defined herein. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of business.
(Prior Code 2016 §635.080; Code 2021)
The City shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of this article and which are not inconsistent with the provisions of this article.
(Prior Code 2016 §635.090; Code 2021)
(a) Permitted Locations And Restrictions. Adult entertainment businesses shall only be permitted in areas zoned Industrial (I) by the City of Paola Code. Within the I Zone, an Adult Entertainment Business District has been identified as an area that is two thousand (2,000) feet from areas zoned Downtown and five hundred (500) feet from all other zoned boundaries within City limits, as such boundaries existed at the time of the adoption of this Section (see Adult Entertainment Business District Map on file in the office of the City Clerk). All buildings, parking areas and signage of an adult entertainment business shall be located within the Adult Entertainment District. This district location as shown on the Adult Entertainment Business District Map on file in the office of the City Clerk shall be maintained regardless of any future changes in the I Zone boundary or the boundaries of the surrounding areas.
(b) Other Adult Uses. No adult business establishment shall be permitted to locate or expand within two thousand (2,000) feet of another adult business establishment or adult use.
(c) Measurement Of Distance.
(1) The distance between any adult business establishment and all other zoned boundaries within City limits shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult business use to the closest property line of all other zoned boundaries within City limits.
(2) The distance between any two (2) adult business establishments or between any adult business establishment and a business licensed to sell or serve alcoholic or cereal malt beverages shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
(Prior Code 2016 §635.100; Code 2021)
(a) Any person who violates the provisions of this article shall be guilty of a municipal offense and, upon conviction, shall be punished by a fine of not less than one dollar ($1.00) but no more than one thousand dollars ($1,000.00) or by imprisonment for not more than one (1) year, or shall be both so fined and imprisoned. In addition, any violation of this article shall be grounds for the City Council to revoke any or all licenses or permits issued by the City.
(b) Each violation of this article shall be considered a separate offense, and any violation continuing more than one (1) day shall be considered a separate offense for each day of violation.
(c) The conduct of any business within the City in violation of any of the terms of this article is hereby found and declared to be a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult business establishment and restrain and enjoin any person from conducting, operating or maintaining an adult business establishment contrary to the provisions of this article.
(Prior Code 2016 §635.110; Code 2021)
For the purpose of this article, the words and phrases used herein shall have the meanings established in this Article unless otherwise clearly indicated by the context.
ADULT — A person who has attained the age of eighteen (18) years.
ADULT BUSINESS ESTABLISHMENT — Any establishment having as a material portion of its business the offering of entertainment, services, stocks in trade or materials, scenes or other representations predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature, including, but not limited to, depiction or descriptions of specified sexual activities or specified anatomical areas. The definition of adult business establishment also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:
(1) Adult arcade: Any business establishment or concern to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed relate to specified sexual activities or exhibition of specified anatomical areas.
(2) Adult encounter parlor: An establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees, performers and/or other customers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual arousal or excitement to such customers.
(3) Adult entertainment cabaret: An establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female, impersonators, or live performances, or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or customer.
(4) Adult entertainment studio (includes the terms rave studio, exotic dance studio, sensitivity studio or encounter studio): An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials of live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
(5) Adult media outlet: See “ADULT MEDIA OUTLET” below.
(6) Adult motel: An enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, videocassettes, videotapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six (6) hours at a time.
(7) Adult motion picture theater: An enclosed building used for presenting or showing, for money consideration, movie or video films or pictures or other material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by customers therein.
(8) Adult newsrack: Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(9) Adult retail establishment: A business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with specified sexual activities, clothing that graphically depicts specified anatomical areas or any of the material sold or rented in an adult media outlet as defined in this Section, if a substantial or significant portion of such items are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. For purposes of this Subsection, the presumptions relative to what constitutes a substantial or significant portion of business set forth in the definition of adult media outlet shall apply here. In determining whether an item is designed or marketed for use in connection with specified sexual activities, the following guidelines may be considered:
(A) Expert testimony as to the principal use of the item;
(B) Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business;
(C) National and local advertising concerning the use of the item;
(D) Evidence of advertising concerning the nature of the business establishment;
(E) Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
(F) The physical or structural characteristics of the item;
(G) The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
Any person may request an interpretive ruling from the Police Chief or his/her designee as to whether a particular item is considered by the City to be designed or marketed for use in connection with specified sexual activities. An application for an interpretive ruling shall be made in writing on a form provided by the Police Chief and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Police Chief shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the Police Chief may be appealed to the Governing Body within fifteen (15) days following the interpretive ruling by submitting a written notice of appeal to the City Clerk.
(10) Adult theater: An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers for observation by customers.
(11) Bathhouse: An enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
(12) Body painting studio: An establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject’s body displays for the customer view specified anatomical areas.
(13) Escort bureau: Any person, business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainment or places of amusement or who consort with others, for hire or reward, about any place of public resort or within any private quarters.
ADULT ENTERTAINMENT — Any exhibition, dance, pantomime, modeling or other performance predominantly distinguished by or characterized by emphasis on depiction or description of an erotic nature, including, but not limited to, depiction or descriptions of specified sexual activities or specified anatomical areas.
ADULT MEDIA — Magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MEDIA OUTLET — An establishment that rents, sells or offers for viewing or other use any adult media and which meets at least one (1) of the following tests: — For purposes of this Subsection, it shall be presumed that a substantial or significant portion of a business is devoted to the sale or rental of such items if anyone or more of the following criteria are satisfied:
(1) More than thirty percent (30%) of the floor area is devoted to adult media (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public; or
(2) More than thirty percent (30%) of the gross sales (including rentals) result from the sale or rental of adult media;
(3) Thirty percent (30%) or more of the dollar value of all merchandise displayed at any time is attributable to adult media;
(4) Thirty percent (30%) or more of all inventory consists of adult media at any time;
(5) Thirty percent (30%) or more of the merchandise displayed for sale consists of adult media;
(6) Thirty percent (30%) or more of the stock in trade consists of such items at any time.
CUSTOMER — Any person who:
(1) Is allowed to enter an adult business establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or
(2) Enters an adult business establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of or on the premises of an adult business establishment operating as a private club.
DAY CARE FACILITY — Any establishment that provides, on a regular basis, supervision, protection and care for individuals away from their primary residences for less than twenty-four (24) hours per day.
EMPLOYEE — Any person who renders any service whatsoever to the customers of an adult business establishment or who works in or about an adult business establishment and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. “Employee” includes, but is not limited to, managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult business establishment.
ENTERTAINER — Any person who provides adult entertainment within an adult business establishment, whether or not a fee is charged or accepted for the entertainment.
EROTIC — Devoted to or tending to arouse or excite sexual desires.
FOOT-CANDLE — A unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one (1) lumen over an area of one (1) square foot. A lumen is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A candela is the unit of intensity of a light source in a specific direction. One (1) candela directed perpendicular to a surface one (1) foot away generates one (1) foot-candle of light. A light source of one (1) candela emits a total of 12.57 lumens. For the purposes of this article, the lumen output values shall be the initial lumen output ratings of a lamp.
MANAGER — Any person who manages, directs, administers, or is in charge of the affairs of or conduct of any portion of any activity of any adult business.
NUDITY — Exposing any of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernibly turgid state.
OPERATOR — Any person, partnership or corporation operating, conducting or maintaining an adult business establishment.
PARK — Any public or private land designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, recreational paths or trails, open space, wilderness areas or similar land.
RELIGIOUS INSTITUTION — A structure or site such as a church, synagogue, chapel, sanctuary or cathedral used primarily for religious activity or worship and related religious activities.
SCHOOL — Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the Kansas Board of Regents or which is maintained pursuant to standards set by the Kansas Board of Regents. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school and senior high school.
SPECIFIED ANATOMICAL AREAS — These include:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaque covered.
SPECIFIED SEXUAL ACTIVITIES — These include:
(1) Human genitals in a state of sexual stimulation or arousal; and/or
(2) Acts of human masturbation, sexual intercourse or arousal; and/or
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
(4) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; and/or
(5) Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
(6) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Prior Code 2016 §635.120; Code 2021)