For the purpose of this chapter, the words and phrases used herein shall have the following meanings unless otherwise clearly indicated by the context:

(a)      “Adult Entertainment Establishment” means any commercial establishment which is an adult bookstore, adult video store, adult motion picture theater, adult hotel, adult motion picture arcade, or erotic dance studio as defined herein.

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

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

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

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

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

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

(f)      “Erotic Dance Studio” means any place of business, open to the public, whether a cover charge is assessed or a membership is required, which emphasizes and presents live nude entertainment.

(g)      “Entertainment” as used in this ordinance means any exhibition, performance, display or dance of any type, the removal of articles of clothing or appearing unclothed, pantomime, modeling or other personal service offered for entertainment or amusement where one or more entertainers seek to arouse or excite the sexual desires of the entertainer, other entertainers, patrons or any other person. Entertainment as used in this chapter does not include portions of performances on theater, concert hall, music hall or auditorium stages wherein such displays are an integral part of a dramatic or comedic presentation.

(h)     “Live Nude Entertainment” includes, but is not limited to any live exhibition, performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling or other personal service, including nude dancing and topless dancing.

(i)      “Employee” means any and all persons, including independent contractors and those who work on commission, or for tips or gratuities only, who work in or at, or render any services directly related to the operation of an adult entertainment establishment or the management thereof, but shall not include independent contractors indirectly related to such operation such as janitorial services, construction, maintenance, pest control, and trash removal.

(j)      “Specified Anatomical Areas” or “Nude” means any of the following:

(1)          The less than completely and opaquely covered:

(A)         Human genitals, pubic region;

(B)          Anal cleft or cleavage of the buttocks; or

(C)          Female breasts below a point immediately above the top of the areola;

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

(k)     “Specific Sexual Activities” means the following:

(1)          Human genitals in a state of sexual stimulation or arousal;

(2)          Acts of human masturbation, sexual intercourse or sodomy;

(3)          Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts with the intent to arouse or gratify the sexual desires of the entertainer, employer, customer or any other person.

(4)          Any act of masturbation, sexual intercourse or sodomy between animals or between any human and any animal.

(l)      “Person” means any natural person, partnership or corporation or joint venture.

(m)    “Operator” means any person operating, managing, conducting or maintaining an adult entertainment establishment.

(n)     “Morals charge” includes any charge involving dishonesty, fraud, prostitution, patronizing a prostitute, procuring or soliciting any person for any immoral propose, pimping or promoting prostitution, indecent exposure, illegal use, possession or sale of any controlled substance, whether narcotic or non-narcotic, sodomy, lewd and lascivious behavior, sexual battery, rape, indecent liberties with a child, promoting obscenity, incest, adultery, bigamy, bestiality, crimes against nature, or any other crime for which the essential elements of any of the foregoing are also the elements or part of the elements.

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

(p)     “Convicted” or “Conviction” includes an adjudication of guilty on a trial of the facts, a stipulation of the facts, a plea of guilty or a plea of no contest. Adjudications by a juvenile court are specifically included for purposes of this ordinance.

(Ord. 502, Sec. 1)

(a)      From and after the effective date of this ordinance, no adult entertainment establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the city.

(b)     From and after the effective date of this ordinance, no shall person provide or participate in any live entertainment unless such person shall first obtain a special entertainer’s license.

(c)      A license may be issued only for adult entertainment establishments located at a fixed certain place.

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

(e)      No license or interest in a license may be transferred to any other person.

(f)      It is unlawful for any person to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment.

(Ord. 502, Sec. 2)

(a)      Any person desiring to secure a license for an adult entertainment establishment or a special entertainer’s license shall make application in duplicate to the City Clerk’s office. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the City Clerk’s office.

(b)     The application for a license shall be on a form provided by the City Clerk’s office. Said application shall furnish the following information under oath:

(1)          Name (including all aliases), date of birth, height, weight, address, social security number, color photograph, fingerprints and a statement setting forth all arrests, the place and date of each arrest, and a description of the outcome of each arrest (e.g., no charges filed, charges filed and dismissed, charges filed but acquitted, charges filed and convicted);

(2)          For an adult entertainment establishment, the name and address of the owner of the premises upon which the adult entertainment establishment is to be located;

(3)          For an adult entertainment establishment, the name and address of the adult entertainment establishment to be operated by the applicant;

(4)          For a special entertainer’s license, the name and address of the adult entertainment establishment at which the licensee is to perform;

(5)          A statement by the applicant that he or she is familiar with the provisions of this chapter and is complying with them.

(6)          A partnership or corporate application shall furnish those items specified in subsections (1) and (5) above, for each partner, officer, director and stockholder.

(c)      The Chief of Police shall initiate a criminal background check on all applicants within Ten (10) days of receipt of any application.

(Ord. 502, Sec. 3)

(a)      For any adult entertainment establishment license, the annual license fee shall be One Thousand Dollars ($1,000.00). Two Hundred Fifty Dollars ($250.00) of this amount shall be considered non-refundable should the application be, for any reason, denied, rejected or withdrawn. If the license is granted, the entire fee shall be considered non-refundable, without regard to any subsequent revocation or suspension of the license, or cessation of business.

(b)     For any special performers license, the annual fee shall be Two Hundred Fifty Dollars ($250.00). One Hundred Dollars ($100.00) of this amount shall be considered non-refundable should the application be, for any reason, denied, rejected or withdrawn. If the license is granted, the entire fee shall be considered non-refundable, without regard to any subsequent revocation or suspension of the license, or cessation of business.

(Ord. 502, Sec. 4)

To receive a license to operate an adult entertainment establishment, applicants must meet the following standards:

(a)      If the applicant is an individual:

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

(2)          The applicant shall not have been convicted of, or participated in a diversion agreement after having been charged with, a felony or any morals charge as defined herein, in any jurisdiction within the ten (10) years immediately preceding the date of the application; and

(3)          The applicant must reside within Sedgwick County, Kansas.

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

(1)          Each and every person having a financial interest in the partnership, corporation, joint venture or any other type of organization shall be at least eighteen (18) years of age. Persons having a financial interest in a corporation includes any officer, director or stockholder.

(2)          No person having a financial interest in the partnership, corporation, joint venture or other type of organization shall have been convicted of, or participated in a diversion program after having been charged with, a felony or any morals charge within the ten years immediately preceding the date of the application.

(3)          Each and every person having a financial interest in the partnership, corporation, joint venture or any other type of organization shall reside in Sedgwick County, Kansas.

(c)      If an adult entertainment establishment is conducted by a manager or agent, each such manager or agent must provide the same information to the City and possesses the same qualifications required of the licensee.

(Ord. 502, Sec. 5)

If an application for a license is in proper form and accompanied by the license fee as provided for in Section 11-504, the city council shall examine the application. If the applicant is fully qualified pursuant to the requirements set forth in this ordinance, the city council shall issue a license to the applicant within thirty days of the filing of the application. If the city council fails to act on the application within Sixty (60) days after it is filed it shall be deemed granted. If the city council denies the application within Sixty (60) days of the filing of the application, the application is deemed finally denied and the same application may not be made within one year unless there are changed circumstances. If the council denies the application, the applicant may appeal the denial pursuant to the provisions of K.S.A. 60-2101 (d) and amendments thereto within Thirty (30) days of the denial. If an application is denied by the city council over Sixty (60) days after it is filed, the denial shall be of no effect except that this provision is not intended to limit the ability of the city council to revoke the license for any of the reasons in Section 11-516 of this ordinance.

(Ord. 502, Sec. 6)

The adult entertainment license and the license for each employee holding a special entertainer’s license shall be displayed in a conspicuous public place within the premises licensed as an adult entertainment establishment.

(Ord. 502, Sec. 7)

Every license issued pursuant to this chapter shall terminate at the expiration of One (1) year from the date of issuance, unless sooner revoked, and must be renewed before operation or performance is allowed in the following year. Any operator or special entertainer desiring to renew a license shall make application for renewal to the City Clerk’s office. The application for renewal shall be filed in duplicate and dated by the City Clerk. An application for renewal license filed after the expiration date of an adult entertainment establishment license shall not be accepted if the premises, for which the renewal license is being sought, does not comply with the distance requirements set forth in Section 15 of this ordinance. A renewal application shall, in all other respects, be treated as an application for an initial license.

(Ord. 502, Sec. 8)

Every operator or employee of an adult entertainment establishment and every person holding a special entertainer’s license shall comply with the following regulations. The failure to comply with each of the regulations shall be unlawful:

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

(b)     No person under the age of Eighteen (18) shall be permitted to enter or remain in an adult entertainment establishment.

(c)      No person shall be employed in, by or around an adult entertainment establishment until such person has submitted to the Chief of Police for a criminal investigation, such name (including all aliases), date of birth, height, weight, address, social security number, color photograph, fingerprints and a statement setting forth all arrests, the place and date of each arrest, and a description of the outcome of each arrest (e.g., no charges filed, charges filed and dismissed, charges filed and acquitted, charges filed and convicted). No person shall be employed in, by or around an adult entertainment establishment, who within ten years immediately prior to employment, was convicted of or participated in a diversion program after having been charged with a felony or any morals charge.

(d)     No person shall provide or participate in, or be employed or allowed to provide or participate in any live entertainment, who shall not have first obtained a special entertainer’s license.

(e)      No employee, operator or agent of a licensed establishment shall have any physical contact with any patron, customer, employee, operator or agent or other person, nor shall any employee, operator or agent allow any patron or customers to have physical contact with any other patron or customer, or any employee, operator or agent or other person while on the licensed premises. Incidental contact, such as that which normally and traditionally occurs as the direct result of accepting payment, making change and the like shall be excepted from this provision. However, this exception shall not apply to giving, passing or providing tips or gratuities too any employee, operator or manager who is, or has been, involved in any live nude entertainment, nor shall this exemption apply to any contact which involves any of the areas described herein under “specified anatomical areas,” regardless of whether such areas are completely and opaquely covered.

(f)      No person shall pay or be allowed to pay any tip or gratuity directly to any employee, nor shall anyone solicit or be allowed to solicit any tip or gratuity.

(g)      No person shall enter or be permitted to enter or remain at any adult entertainment establishment who is intoxicated.

(h)     No person shall provide or participate in, or be employed or allowed to provide or participate in any live entertainment unless such performance occurs on a platform designed for that purpose, which is at least Three (3) feet above any surface immediately adjoining said platform.

(i)      No person shall provide or participate in, or be employed or allowed to provide or participate in any live entertainment closer than Five (5) feet from the nearest person, nor shall any person get closer than Five (5) feet from any person who is providing or participating in any live entertainment.

(j)      Every adult entertainment establishment and every person employed by the establishment shall admit to each and every part of the premises designated in the license, at any time, any law enforcement officer, or any official of the city or its police department authorized by the Chief of Police or the Governing Body, for inspection of the premises to assure compliance with the regulations of the city.

(k)     Every adult entertainment establishment must maintain for inspection a list of all employees, including each employee’s name (including all aliases), date of birth, height, weight, address, social security number and color photograph.

(Ord. 502, Sec. 9)

No alcohol, liquor or cereal malt beverage shall be sold, consumed or allowed to be consumed on the premises of an adult entertainment establishment. All adult entertainment establishments shall have prominently posted within each room or enclosure, including each room of an adult hotel, at least one sign with letters not less than Three (3) inches tall, stating, “NO ALCOHOLIC BEVERAGE OR CEREAL MALT BEVERAGE MAY BE CONSUMED ON THESE PREMISES.”

(Ord. 502, Sec. 10)

(a)      Every adult motion picture arcade and every erotic dance studio shall be physically arranged in such a manner that the interior portions of all viewing areas are visible from a common area of the premises and shall not be obscured by any curtains, drapes, doors or other enclosures. In addition, each viewing area shall:

(1)          Be designed for a single occupant;

(2)          Have a conspicuous sign stating, “ONLY ONE OCCUPANT ALLOWED”;

(3)          Have no openings between booths, cubicles, rooms or stalls; and.

(b)     No licensee, manager, employee or agent shall permit or allow two or more occupants to occupy any booth, cubicle, room or stall.

(c)      No person shall enter into or remain in a booth, cubicle, room or stall which has been designated with a sign stating “ONLY ONE OCCUPANT ALLOWED” while another occupant is in the booth, cubicle, room or stall.

(Ord. 502, Sec. 11)

No license shall be granted for an adult entertainment establishment unless the licensee fully complies with all health regulations, building codes, zoning ordinances, fire prevention and safety regulations of the city. It is unlawful and a violation of this ordinance to maintain or conduct an adult entertainment establishment without at all times complying with all health regulations, building codes, zoning ordinances, fire prevention and safety regulations of the city.

(Ord. 502, Sec. 12)

No adult entertainment establishment may be open or in use between the hours of Twelve o’clock (12:00) midnight and Eleven (11:00) o’clock a.m., nor shall any adult entertainment establishment be open or in use at any time on Sunday.

(Ord. 502, Sec. 13)

It is unlawful to maintain or conduct an adult entertainment establishment unless the same shall be kept clean, well-ventilated and brightly lighted at all times when open for use. All stairways, halls, passageways and rooms adjacent to such adult entertainment establishment shall likewise be kept well-lighted at all times when the adult entertainment establishment is in use. Separate dressing rooms for men and for women shall, at all times, be maintained and kept in a sanitary, condition, convenient and adjacent to any erotic dance studio, and separate toilet facilities for men and for women, for all adult entertainment establishments, shall at all times, be maintained and kept in a sanitary, condition, convenient and adjacent to any adult entertainment establishment while the adult entertainment establishment is in operation. Such separate dressing rooms and toilet facilities shall be conspicuously marked for the appropriate sex. No person shall enter or be allowed to enter the dressing room or toilet facilities which are marked for the opposite sex.

(Ord. 502, Sec. 14)

(a)      No license shall be granted for an adult entertainment establishment which is located within One Thousand Feet (1,000’) of a church, public, private or parochial school, public park, residential zoning area, property which is zoned as agricultural on which a residence may legally be constructed, or any other adult entertainment establishment. This distance is to be measured from the nearest property line of the church, public, private or parochial school, public park, residential zoning area, property which is zoned as agricultural on which a residence may legally be constructed, or other adult entertainment establishment to the nearest property line of the premises on which the adult entertainment establishment is located or of any parking lot designated to be used by the patrons of such an establishment. Should a church, public, private or parochial school or public park be built within One Thousand Feet (1,000’) of any adult entertainment establishment, or should a residential zoning area, property which is zoned as agricultural on which a residence may legally be constructed be established Within One Thousand Feet (1,000’) of any adult entertainment establishment, this provision shall not prevent renewal of an existing license, provided, however, that:

(1)          Such license, once issued, shall not be renewed to any person or premises not identified in the original license. This shall including any change in the partners in a partnership or the officers, directors or stockholders of a corporation.

(2)          Should such a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, then and in that event, no new adult entertainment establishment or license shall be issued for that premises.

(3)          Should a licensed establishment cease to be used for such purpose for a period of Ninety (90) days or more, then and in that event, the existing license shall be deemed to expire at twelve o’clock, noon, on the Ninety-first (91st) calendar day of non-use. In no event shall this provision be construed to extend the term of a license issued under this ordinance. Periods of time, not to exceed Thirty (30) days, during which such establishments are being repaired because of normal wear and tear, or damage caused by fire or natural disaster such as floods or windstorms, shall not be included in computing the above ninety-day period, provided, that any repair must be commenced within Thirty (30) days after closure of any structure and completed within a reasonable time thereafter. The Chief of Police shall be notified in writing within Thirty (30) days of closing of such establishment for repair, such notice to state the date of commencement and estimated or actual completion of remodeling or repair. Any adult entertainment establishment shall not be re-licensed and shall cease to be used as an adult entertainment establishment if repair is not commenced within Thirty (30) days after such closure, if such repairs are not completed within a reasonable time thereafter and/or if the Chief of Police is not notified within the thirty-daytime period.

(Ord.502, Sec. 15)

(a)      The Chief of Police after actual service of Ten (10) days’ written notice to the person holding a license for an adult entertainment establishment or special entertainer’s license pursuant to this ordinance, shall have the authority to suspend such license for a period not to Exceed Thirty (30) days, for any violation of the provisions of this ordinance or other ordinances or statutes regulating conduct in adult entertainment establishments or escort services; provided, however that the licensee may appeal such order of suspension to the Governing Body within Seven (7) days from the date of such order.

(b)     The city council after actual service of Ten (10) days’ written notice to the person holding a license for an adult entertainment establishment pursuant to this ordinance, may cause to be suspended for a period of not more than Thirty (30) days, or may permanently revoke such license, for the following reasons:

(1)          If the licensee has fraudulently obtained the license by giving false information in the application therefor;

(2)          If the licensee, manager, operator, or any employee has violated any of the provisions of this ordinance, or other ordinances or statutes regulating conduct in adult entertainment establishments or escort services;

(3)          If the licensee has become ineligible to obtain a license under this chapter;

(4)          The nonpayment of any license fees payable hereunder;

(5)          For employing a person who has not submitted to the Chief of Police for a criminal investigation, such person’s name (including all aliases), date of birth, height, weight, address, social security number, color photograph, fingerprints and a statement setting forth all arrests, the place and date of each arrest, and a description of the outcome of each arrest (e.g., no charges filed, charges filed and dismissed, charges filed but acquitted, charges filed and convicted) or a person who, within ten years prior to employment, was convicted of, or participated in a diversion program after having been charged with a felony or any morals charge.

(6)          For employing any person for the purpose of performing or participating in, or allowing any person to perform or participate in, any live entertainment, unless that person has first obtained a special entertainer’s license. The holder of an adult entertainment establishment license shall be presumed to know of all violations by any employee, manager, or agent, unless such licensee shall prove to the Governing Body’s satisfaction that said violation was without the licensee’s knowledge or consent, and that reasonable safeguards were in place to prevent any such violation. If the licensee shall prove to the Governing Body’s satisfaction that said violation was without the licensee’s knowledge or consent, and that reasonable safeguards were in place to prevent any such violation, there shall be no revocation, except as herein provided, but there may be a suspension of not more than Thirty (30) days; it being further provided that in the event any licensee is subjected to more than Two(2) such suspensions in any Twelve (12) month period, his or her license shall be revoked on the third such violation. Upon appeal taken from an order of suspension or revocation the court may stay the order of suspension or revocation upon a showing by the appellant and a finding by the court that a substantial likelihood exists that the movant will eventually prevail on the merits and that the movant will suffer irreparable injury unless the stay is granted. If there is no stay by the court then the order of suspension or revocation shall not be suspended during the pendency of any such appeal. In case of the revocation of a license of any licensee, no new license shill be issued to such person or to any person acting for or on his or her behalf, for a period of two years after the revocation becomes effective.

(c)      The city council after actual service of Ten (10) days’ written notice to the person holding a special entertainer’s license pursuant to this ordinance, may cause to be suspended for a period of not more than Thirty (30) days, or may permanently revoke such license, for any violation of the provisions of this ordinance or other ordinances or statutes regulating conduct in adult entertainment establishments or escort services. Upon appeal taken from an order of suspension or revocation the court may stay the order of suspension or revocation upon a showing by the appellant and a finding by the court that a substantial likelihood exists that the movant will eventually prevail on the merits and that the movant will suffer irreparable injury unless the stay is granted. If there is no stay by the court then the order of suspension or revocation shall not be suspended during the pendency of any such appeal. In case of the revocation of a license of any licensee, no new license shill be issued to such person or to any person acting for or on his or her behalf, for a period of two years after the revocation becomes effective.

(Ord. 502, Sec. 16)

Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Two Thousand Five Hundred dollars ($2,500.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(Ord. 502, Sec. 17)

Section 11-515 is adopted as part of the zoning laws and regulations of the city of Goddard, Kansas, as though said section was fully set forth in said zoning ordinances. The City Attorney may bring an action in the District Court of the Eighteenth Judicial District or any other appropriate court having jurisdiction to enjoin the violation of said section of this ordinance.

(Ord. 502, Sec. 18)

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

(Ord. 502, Sec. 19)