Title 5 - Business Licenses and Regulations

1. A.
   "Adult Business" means any business:

   1. 1.
      that has as a substantial or significant purpose the sale or rental of merchandise that is intended for use in connection with "Specified Sexual Activities," or that emphasizes matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas"; or
   2. 2.
      that has as one of its regular and substantial business purposes:

      1. a.
         the providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "Specified Anatomical Areas" or "Specified Sexual Activities"; or
      2. b.
         the providing of services that are intended to provide sexual arousal or excitement or that allow observation of "Specified Sexual Activities" or "Specified Anatomical Areas" ancillary to other pursuits, or allow participation in "Specified Sexual Activities" ancillary to other pursuits.
   3. 3.
      The definition of "Adult Business" also includes but is not limited to any and all of the following specific Adult Businesses, as defined herein:

      1. a.
         Businesses that offer merchandise for exchange, rental or sale.

         1. 1.
            "Adult Media Outlet" means a business engaging in the exchange, rental or sale of "Adult Media" if such business is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of the business is devoted to the exchange, rental or sale of "Adult Media." For purposes of this subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the exchange, rental or sale of "Adult Media" if any one or more of the following criteria is satisfied:

            1. a.
               forty (40) percent or more of the exchanges, rentals or sales, measured in dollars over any consecutive ninety-day period, is derived from such items;
            2. b.
               forty (40) percent or more of the number of transactions, measured over any consecutive ninety-day period, relate to such items;
            3. c.
               forty (40) percent or more of the dollar value of all merchandise displayed at any time is attributable to such items;
            4. d.
               forty (40) percent or more of all inventory consists of such items at any time;
            5. e.
               forty (40) percent or more of the merchandise displayed for sale consists of such items at any time;
            6. f.
               forty (40) percent or more of the floor area of the business (not including storerooms, stock areas, restrooms, basements or any portion of the business not open to the public) is devoted to such items at any time.

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         1.   
            This presumption shall be rebuttable.

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         2. 2.
            "Adult Newsrack" means 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."
         3. 3.
            "Adult Retail Establishment" means a business that displays or offers goods for sale, rental or exchange that meets any of the following tests:

            1. a.
               It displays or offers for sale, rental or exchange items from any two (2) of the following categories: "Sexually-Oriented Toys or Novelties"; clothing that graphically depicts any "Specified Anatomical Area"; or leather or other goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:

               1. A.
                  ten (10) percent or more of the sales, rentals or exchanges, measured in dollars over any consecutive ninety-day period; or
               2. B.
                  ten (10) percent or more of the sale, rental or exchange transactions, measured over any consecutive ninety-day period; or
               3. C.
                  ten (10) percent or more of the dollar value of all merchandise displayed at any time; or
               4. D.
                  ten (10) percent or more of all inventory at any time, measured by the number of items; or
               5. E.
                  ten (10) percent or more of the merchandise displayed at any time, measured by the number of items; or
               6. F.
                  ten (10) percent or more of the sales floor area of the business (not including storerooms, stock areas, restrooms, or any portion of the business not open to the public) at any time;
            2. b.
               Five (5) percent or more of the sales, rentals or exchanges, measured in dollars over any consecutive ninety-day period, is derived from "Sexually-Oriented Toys or Novelties";
            3. c.
               Five (5) percent or more of the number of sale, rental or exchange transactions, measured over any consecutive ninety-day period, relate to "Sexually-Oriented Toys or Novelties";
            4. d.
               Five (5) percent or more of the dollar value of all merchandise displayed at any time is attributable to "Sexually-Oriented Toys or Novelties";
            5. e.
               Five (5) percent or more of all inventory, measured by the number of items, consists of "Sexually-Oriented Toys or Novelties" at any time;
            6. f.
               Five (5) percent or more of all merchandise displayed, measured by the number of items, consists of "Sexually-Oriented Toys or Novelties" at any time;
            7. g.
               Five (5) percent or more of the sales floor area of the business (not including storerooms, stock areas, restrooms, or any portion of the business not open to the public) is devoted to "Sexually-Oriented Toys or Novelties" at any time.

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      2. b.
         Businesses that provide entertainment.

         1. 1.
            "Adult Entertainment Business" means any business to which the public, Patrons or members are invited or admitted, and where providing "Adult Entertainment" is a regular and substantial portion of its business.
         2. 2.
            The definition of "Adult Entertainment Business" also includes, but is not limited to, any and all of the following specific Adult Entertainment Businesses, as defined herein:

            1. a.
               "Adult Motion Picture Theater" means an establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to Patrons of films, videotapes or motion pictures which is intended to provide sexual stimulation or sexual gratification to the Patrons or which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."
            2. b.
               "Adult Theater" means an establishment where a regular and substantial portion of its business is providing live performances that are distinguished by or characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities."
            3. c.
               "Adult Entertainment Cabaret" means (1) an establishment where a regular and substantial portion of its business is providing live entertainment that (i) is intended to provide sexual stimulation or sexual gratification to the Entertainer or the Patrons, and (ii) is distinguished by or characterized by an emphasis on matter depicting, simulating, describing or relating to "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities"; or (2) an establishment which regularly features entertainment of an erotic nature including exotic dancers, strippers, or similar Entertainers.
            4. d.
               "Adult Entertainment Studio" (includes the terms "rap studio," "exotic dance studio," "sensitivity studio," "body painting studio," or "encounter studio") means 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 or live performances characterized by an emphasis on or features materials relating to "Specified Sexual Activities" or the exhibition of "Specified Anatomical Areas."
      3. c.
         Businesses that provide services.

         1. 1.
            "Bath House" means 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."
         2. 2.
            "Adult Motel" means 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, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" and which rents room accommodations for less than six hours at a time.

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   4. 4.
      The definition of "Adult Business" does not include, and this Ordinance shall not apply to, a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances covered by the definition of "Adult Business" were permitted or allowed as part of such art exhibits or performances.

Effective on: 1/1/1901

2. B.
   "Adult Entertainment" means any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the Entertainer, other Entertainers or Patrons, or if the entertainment is characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities."

Effective on: 1/1/1901

3. C.
   "Adult Media" means books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, DVDs, motion pictures, films, CD-ROMs or other devices used to record computer images, or other similar media which are distinguished or characterized by an emphasis on matters depicting, describing or relating to "Specified Anatomical Areas" or "Specified Sexual Activities."

Effective on: 1/1/1901

4. D.
   "Adult Media Viewing Booth" means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat Patrons and is used for viewing or reading "Adult Media." "Adult Media Viewing Booths" are sometimes also known as adult video viewing booths, peep shows, adult video arcades, panoramas and adult mini-motion picture theaters. For purposes of this definition, an "Adult Media Viewing Booth" shall refer to all such booths, cubicles, stalls or compartments containing less than one hundred fifty (150) square feet of gross floor area.

Effective on: 1/1/1901

5. E.
   "Contagious and Infectious Diseases" means those diseases which are designated in Kansas Department of Health and Environment Regulations, K.A.R. 28-1-2, as amended.

Effective on: 1/1/1901

6. F.
   "Employee" means any and all Persons, including Managers, Entertainers and independent contractors, who work in or at or render any services directly related to the operation of an "Adult Business."

Effective on: 1/1/1901

7. G.
   "Entertainer" means any Person who provides "Adult Entertainment" within an "Adult Entertainment Business," whether or not a fee is charged or accepted for entertainment.

Effective on: 1/1/1901

8. H.
   "Manager" means any Person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity at any "Adult Business."

Effective on: 1/1/1901

9. I.
   "Minor" means any Person less than eighteen (18) years of age.

Effective on: 1/1/1901

10. J.
    "Nude" or "Nudity" means the appearance of a human bare buttock, anus, genitals, or female breast, or a state of dress that fails to completely and opaquely cover a human buttock, anus, genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola, but not including 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.

Effective on: 1/1/1901

11. K.
    "Operate" means to own, conduct or maintain the affairs of an "Adult Business."

Effective on: 1/1/1901

12. L.
    "Operator" means any Person owning, operating, conducting or maintaining an "Adult Business."

Effective on: 1/1/1901

13. M.
    "Patron" means any Person who enters an "Adult Business" without regard to whether a purchase is made from the "Adult Business" or compensation is paid to the "Adult Business" or any Employee of the "Adult Business" for merchandise, entertainment or service; provided that the term "Patron" shall not include Persons who enter an "Adult Business" for the sole purpose of providing service or merchandise to the "Adult Business" and who do not remain in the "Adult Business" after the purpose has been accomplished including, but not limited to, Persons performing construction, repair or maintenance on the premises or delivering goods or merchandise to the "Adult Business" and any such similar activity.

Effective on: 1/1/1901

14. N.
    "Person" means any individual, partnership, corporation, limited liability company, trust, unincorporated association, joint venture, governmental entity, or other entity or group of Persons, however organized.

Effective on: 1/1/1901

15. O.
    "Server" means any person who serves food or drink at an "Adult Entertainment Business."

Effective on: 1/1/1901

16. P.
    "Sexually-Oriented Toys or Novelties" means instruments, devices or paraphernalia which either depict representations of "Specified Anatomical Areas" or are designed or marketed for use in connection with "Specified Sexual Activities." In determining whether an item is "designed or marketed for use" in connection with "Specified Sexual Activities," the following guidelines may be considered:

    1. 1.
       Expert testimony as to the principle use of the item;
    2. 2.
       Evidence concerning the total business of a Person or business establishment and the type of merchandise involved in the business;
    3. 3.
       National and local advertising concerning the use of the item;
    4. 4.
       Evidence of advertising concerning the nature of the business establishment;
    5. 5.
       Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
    6. 6.
       The physical or structural characteristics of the item;
    7. 7.
       The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.

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   Any Person may request an interpretive ruling from the Chief of Police, or his or 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 Chief of Police, 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 Chief of Police shall issue a written interpretive ruling within ten business days following submission of a completed application. The decision of the Chief of Police may be appealed to the Governing Body within fifteen days following the interpretive ruling by submitting a written notice of appeal to the City Clerk.

Effective on: 1/1/1901

17. Q.
    "Specified Anatomical Areas" means:

    1. 1.
       Any of the following, or any combination of the following, when less than completely and opaquely covered: any human genitals, pubic region, any buttock, or any portion of the female breast or breasts that is situated below a point immediately above the top of the areola, but not including 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; or
    2. 2.
       Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 1/1/1901

18. R.
    "Specified Criminal Act" means any unlawful lewd or indecent conduct, specifically including, but without limitation, any of the lewd or indecent criminal acts as follows:

    1. 1.
       Any sex offense set forth in Chapter 21, Article 35, of the Kansas Statutes Annotated, or amendments thereto;
    2. 2.
       Any crime set forth in the Kansas Uniform Controlled Substances Act, Chapter 65, Article 41, of the Kansas Statutes Annotated, or amendments thereto;
    3. 3.
       Incest (K.S.A. 21-3602, or amendments thereto);
    4. 4.
       Aggravated incest (K.S.A. 21-3603, or amendments thereto);
    5. 5.
       Furnishing alcoholic liquor or cereal malt beverage to a Minor (K.S.A. 21-3610, or amendments thereto);
    6. 6.
       Furnishing alcoholic beverages to a Minor for illicit purposes (K.S.A. 21-3610b, or amendments thereto);
    7. 7.
       Promoting obscenity (K.S.A. 21-4301);
    8. 8.
       Promoting obscenity to Minors (K.S.A. 21-4301a);
    9. 9.
       Promotion to Minors of obscenity harmful to Minors (K.S.A. 21-4301c);
    10. 10.
        Any Kansas municipal ordinance violation based upon any of the crimes set forth above in subparagraphs 1 through 9, inclusive;
    11. 11.
        Any criminal violations from a State other than Kansas, or municipal ordinance violations from a State other than Kansas, corresponding to the crimes set forth above in subparagraphs 1 through 9, inclusive. If necessary, the City Attorney shall issue an interpretive ruling determining whether a crime from another State corresponds to the crimes set forth above in subparagraphs 1 through 9, inclusive.

Effective on: 1/1/1901

19. S.
    "Specified Sexual Activities" mean any of the following:

    1. 1.
       Sexual conduct including, but not limited to, actual or simulated acts of sexual intercourse, masturbation, oral copulation or sodomy;
    2. 2.
       Fondling or other erotic touching of a Person's clothed or unclothed genitals, pubic region, buttock, anus or female breast;
    3. 3.
       Sadomasochistic acts; or
    4. 4.
       Human genitals in a state of sexual stimulation or arousal.

(History: Ord. AEB-2416 §1, 2003; AEB-2027 §1, 97; AEB-1944 §1, 95; AEB-1935 §1, 95; AEB-1846 §1, 94; AEB-1837 §1, 93; AEB-1782A §1, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901