CHAPTER III. BUSINESS REGULATIONS AND LICENSESCHAPTER III. BUSINESS REGULATIONS AND LICENSES\Article 16. Adult Oriented Business License

The following words, terms and phrases shall be defined as follows:

(a)   Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(b)   Adult bookstore, adult novelty store or adult video store means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:

(1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas;

(2)   Instruments, devices or paraphernalia which are marketed or designed for use primarily for stimulation of human genital organs or for sadomasochistic use or abuse of a person or persons.

(c)   Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1)   Persons who appear in a state of nudity; or

(2)   Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)   Films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(d)   Adult motel means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either

(1)   Offers a sleeping room for rent for a period of time that is less than 10 hours; or

(2)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

(e)   Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, compact discs, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(f)   Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(g)   Employee means an individual working or performing services for any sexually oriented business, including any independent contractor who provides services on behalf of any sexually oriented business to the patrons of such business.

(h)   Establish means and includes any of the following:

(1)   The opening or commencement of any sexually oriented business as a new business;

(2)   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)   The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)   The relocation of any sexually oriented business.

(i)    Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.

(j)    Nudity or a state of nudity means the appearance of the human male or female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the female breast below a horizontal line across the top of the areola at its highest point, or the showing of the covered male genitals in a discernibly turgid state.

(k)   Operate or cause to be operated means to cause to function or to put or keep in a state of doing business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.

(l)    Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation the business. A person may be found to be an operator of sexually oriented business whether or not that person is an owner, part owner or licensee of the business.

(m)  Person means an individual, proprietorship, general or limited partnership, corporation, limited liability company, association or other legal entity.

(n)   Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult motel or any combination of such businesses.

(o)   Specified anatomical areas means:

(1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(2)   The appearance of the anus, the cleft of the buttocks, the male or female genitals, or the female breast below a horizontal line across the top of the areola at its highest point; or

(3)   A state of dress which fails to opaquely cover the anus, the cleft of the buttocks, the male or female genitals, or a female breast below a horizontal line across the top of the areola at its highest point.

(p)   Specified sexual activities means and includes any of the following:

(1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

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

(3)   Excretory functions as part of or in connection with any activities set forth in (1) through (2) above.

(Ord. 2989)

(a)   Except as otherwise provided below, it shall be unlawful for any person to establish, to operate, to be an operator of, or to cause to be operated any sexually oriented business in the City of Abilene, Kansas, without a valid license issued by the City therefor.

(b)   Any person desiring to obtain a license shall file an application with the city clerk. Such application shall include the following:

(1)   The name and address of the applicant for the license. If the applicant is a corporation, LLC or partnership all stockholders, members or partners names and addresses must be provided;

(2)   The name and address of each person associated with or employed by such business as manager or operator of such business;

(3)   The address and location of such business;

(4)   The name and address of the owner of the property where such business is located; and

(5)   An identification in detail of all sexually oriented business activities being conducted at such location and, if conducted in relation to other business activities for which licensure is not required under this article, an identification of the portion of portions within such location where such sexually oriented business activities are conducted.

(c)   The applicant shall permit the inspection of such location and all portions therein in which such business activities are to be conducted upon not less than five (5) days advance notice by the City Manager. The City Manager shall cause such inspection to be conducted by such representatives of the City as the City Manager shall deem appropriate, with the purpose of the inspection being to determine the accuracy of the information contained in the application.

(d)   Upon notice and a hearing, any license issued under the authority of this Section may be revoked by the governing body upon any one of the following findings being made: that any information submitted as to the application therefor was materially false; that sexually oriented business activities have been conducted beyond the scope of the license or beyond the confines of the premises or portion of the premises to which the license applies; or that illegal activity has been conducted or permitted to be conducted in relation to the permitted sexually oriented business activities.

(e)   It shall be unlawful for any person to expand the scope or change the character or location of any sexually oriented business activities beyond that permitted in any license issued under the authority of this Section.

(Ord. 2989)

The sexually oriented business license fees shall be as follows:

(a)   The annual license fee for each place of business shall be two hundred fifty dollars ($250.00).

The full amount of the license fee shall be required regardless of the time of the year in which the application is made, and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued.

(Ord. 2989)

An application for a new or renewed sexually oriented business license shall be submitted to the City Clerk at least ten (10) days in advance of the Governing Body meeting at which the application will be considered. The Governing Body shall not consider any application for a new or renewed license that has not been submitted ten (10) days in advance and been reviewed by the appropriate city departments. The City Clerk shall notify the holder of an existing license thirty (30) days in advance of its expiration. An applicant shall attend the Governing Body meeting when the application for a new license will be considered. The application shall be scheduled for consideration by the Governing Body at the earliest meeting consistent with the application and investigation requirements.

(Ord. 2989)

No sexually oriented business license shall be issued to:

(a)   A person who has not been a resident in good faith of the State of Kansas for at least one (1) year immediately preceding application, and a resident of Dickinson County for at least six (6) months prior to filing of such application.

(b)   A person who is not a citizen of the United States.

(c)   A person who is not of good character and reputation in the community.

(d)   A person who, within two years immediately preceding the date of application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunkenness, driving a motor vehicle while under the influence of intoxicating liquor, or the violation of any other intoxicating liquor law of any state or of the United States.

(e)   A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.

(f)   A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than twenty-five percent (25%) of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.

(g)   A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than twenty-five percent (25%) of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than twenty-five percent (25%) of the stock, of a corporation which has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto, or has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.

(h)   A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(i)    A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, retailer residency requirements, or age, except that this subsection shall not apply in determining eligibility for a renewal license.

(Ord. 2989)

The Governing Body shall determine whether the application is granted or denied and such decision shall be recorded in the minutes of the meeting. If the license is granted, the City Clerk shall issue the license which shall show the name of the licensee and the year for which the license is issued. If the license shall be denied, the license fee shall be immediately returned to the person who has made application.

(Ord. 2989)

It shall be the duty of every licensee to observe the following regulations:

(a)   The license issued by the city shall be posted in a conspicuous place in the place of business for which the license is issued.

(b)   The place of business licensed and operating under this article shall have front and rear exits unlocked during all times while open for business.

(c)   The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to inspection by public safety and health officers of the city, county, and state.

(d)   No licensee shall employ any person who has been adjudged guilty of a felony.

(Ord. 2989)

It shall be unlawful for any person under eighteen (18) years of age to enter or remain on any premises licensed as a sexually oriented business.

(Ord. 2989)

If a licensee or permit holder violates any of the provisions of this article, the Governing Body, upon five (5) days written notice to a person holding a license for a sexually oriented business, may permanently revoke or suspend for a period of not more than thirty (30) days such license. In addition, the person holding the license may be charged in Municipal Court with a violation of the laws of the city and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in jail for not more than thirty (30) days, or both such fine and imprisonment.

(Ord. 2989)

Any business required to have any other state or city license such as a cereal malt beverage license or drinking establishment license, shall be required to obtain and pay for such license in addition to the license required in this article. Failure to obtain other required state or city licenses or to maintain such licenses shall be grounds to revoke the sexually oriented business license.

(Ord. 2989)