The following words, as used in this article shall for the purpose of this article have the meanings respectively ascribed to them in this section:
(a) Entertainment: As used in this article, means any live exhibition, performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling or other personal service offered for amusement where one or more entertainers seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons. Entertainment as used in this article 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.
(b) Erotic Dance Studio: Means any place of business, or “pop shop” open to the public, whether or not a cover charge is assessed, which emphasizes and presents live nude entertainment. Live entertainment includes but is not limited to, nude dancing and topless dancing.
(c) Moral Turpitude: Means those charges involving prostitution, procuring any person, soliciting of a child under eighteen (18) years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines, barbiturates or controlled substances; sodomy; lewd and lascivious conduct.
(d) Nude: Means any state of undress in which the human genitals, pubic region, buttock or female breast at a point below the top of the areola, is less than completely and opaquely covered.
(e) Pop Shop: Means an erotic dance studio where soft drinks and nonalcoholic beverages are served and/or consumed.
(Ord. 709; Code 2003)
It is unlawful for any person, whether as principal, officer, designee, servant or employee:
(a) To conduct business in or operate an erotic dance studio without having first obtained a license.
(b) To fail to comply with all regulations provided in this article.
(c) Any license issued pursuant to this section shall be issued for one particular premises which shall be stated in the application and on the license and shall be issued for the remainder of the calendar year and will expire December 31st of each year regardless of when the license was issued.
(Ord. 709; Code 2003)
(a) For any erotic dance studio the annual license fee shall be as set out in Chapter 17.
(b) Application for a license renewal must be made no later than thirty (30) days prior to the date of expiration of the license.
(Ord. 709; Code 2003)
Any person desiring to secure a license under the provisions of this article shall make a verified application, which shall be filed with the city clerk. Such application shall contain:
(a) The name and residence of the applicant and how long he or she has resided within the state;
(b) The particular place for which a license is desired:
(c) The name of the owner of the premises upon which the erotic dance studio is located;
(d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired. Such application shall be accompanied by the license fee provided for in the approved schedule of fees.
One copy of the application shall be immediately transmitted by the city clerk to the chief of police of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this article. The chief of police shall report to the city clerk no later than ten (10) working days upon the completion of the investigation. The city clerk shall schedule the application for consideration by the governing body at the earliest meeting consistent with current notification requirements.
(Ord. 709; Code 2003)
No application for the issuance of an erotic dance studio license shall be granted unless the applicant submits to being photographed by the police department and a photograph received therefrom shall be attached to the application.
(Ord. 709; Code 2003)
If the application for a license is in proper form and accompanied by the license fee as set out in the approved schedule of fees the governing body shall examine the application and, after examination of the application, the governing body, if they find that the applicant meets all of the qualifications set forth in this article, shall issue a license to the applicant; provided, that no license shall be issued to:
(a) A person who, within one (1) year immediately preceding the date of making application, has been convicted of a crime involving moral turpitude, or within one (1) year prior to the date of application has been released from probation from a conviction for a crime of moral turpitude. Provided that the terms “conviction” and “adjudged guilty” shall include being placed on diversion;
(b) A copartnership, unless one of the copartners is a resident of the city or county in which the premises covered by the license is located, and unless all members of such copartnership shall otherwise be qualified to obtain a license;
(c) A corporation, if any officer or director thereof, and/or any stockholder owning in the aggregate of 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 the citizenship or residency requirements.
(d) A person whose place of business is conducted by a manager or designee, unless such manager or designee possesses the same qualifications required of the licensee.
(Ord. 709; Code 2003)
(a) The chief of police, upon five (5) days’ written notice to the person holding an erotic dance studio license, 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 article or other ordinances or statutes regulating conduct or performances in erotic dance studios, which violation does not in his or her judgment justify a recommendation of revocation; 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 governing body upon five (5) days written notice to the person holding an erotic dance studio license may permanently revoke or cause to be suspended for a period of not more than thirty (30) days 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 or employee has violated any of the provisions of this article or any rule or regulation made by the governing body;
(3) If the licensee has become ineligible to obtain a license under this article;
(4) The nonpayment of any license fees payable hereunder;
(5) For knowingly employing a person who has been within one (1) year prior adjudged guilty of an offense involving moral turpitude or within one (1) year prior to employment has been released from probation from a conviction for a crime of moral turpitude. Provided that the term “adjudged guilty” shall include being placed on diversion.
(6) For promoting sexual performance of a child or minor in violation of K.S.A. 21-3516. Provided, that if any grounds for revocation enumerated in this article are violated by an employee or a manager, then in the absence of proof of knowledge by the licensee, 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 may be revoked on the third such violation.
Any appeal taken from an order of revocation shall not suspend the order of revocation during the pendency of any such appeal. In case of the revocation of a license of any licensee, no new license shall be issued to such person or to any person acting for or on his or her behalf, for a period of six (6) months after the revocation becomes effective.
(Ord. 709; Code 2003)
No license issued under the provisions of this article shall be transferable, except, upon the death of a licensee, the surviving spouse, executor or administrator, if otherwise qualified, shall be entitled to the use of said license during the remainder of the license year.
(Ord. 709; Code 2003)
The license so issued to an erotic dance studio shall be posted in a conspicuous place in the erotic dance studio.
(Ord. 709; Code 2003)
At the discretion of the chief of police, security may be provided as deemed adequate by the chief of police.
(Ord. 709; Code 2003)
No license shall be granted for an erotic dance studio until the sanitary, building code, zoning ordinance, fire prevention and safety regulations of the city are fully complied with, and it is unlawful and a violation of the article to maintain or conduct an erotic dance studio without at all times complying with any sanitary, building code, zoning ordinance, fire prevention annual inspection and safety regulations of the city. Further, no license shall be granted for an erotic dance studio which is located within five hundred (500) feet of any church, public or parochial school, government building, public park or residential zoning district.
The distance is to be measured from the nearest property line of the residential zoning district, church, public or parochial school, government building, or public park to the nearest property line of the premises on which the establishment is located or of any parking lot designated to be used by the patrons of such establishment.
(Ord. 709; Code 2003)
It is unlawful to maintain or conduct an erotic dance studio 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 erotic dance studio shall likewise be kept well-lighted at all times when the erotic dance studio is in use. Separate dressing rooms for men and women, and separate toilet facilities for men and women, shall at all times be maintained and kept in a sanitary condition, convenient and adjacent to any erotic dance studio while the erotic dance studio is in operation.
(Ord. 709; Code 2003)
Every erotic dance studio shall be physically arranged in such manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein entertainment is provided is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
(Ord. 709; Code 2003)
It shall be the duty of the fire chief and the city inspector to determine the number of persons who can safely be accommodated at any one time in any building, premises or location where any erotic dance studio is located, which owner shall be required to post such certificate near the main exit in the building. Such owner, operator or licensee is required by this article, to limit the attendance at such erotic dance studio to such capacity as has been determined by the fire chief and city inspector.
(Ord. 709; Code 2003)
No erotic dance studio may be open or in use between the hours of 12:00 a.m. and 6:00 a.m.
(Ord. 709; Code 2003)
The following conduct by a licensee under this article, a licensee’s manager, employee or designee; or any person under the direction and/or control of the licensee, occurring on the licensed premises shall be deemed contrary to the public welfare and is prohibited:
(a) The employment of any person in or around an erotic dance studio who is less than eighteen (18) years of age.
(b) The employment of any person as a dancer or entertainer in an erotic dance studio who has not obtained a special entertainer’s license to perform in an erotic dance studio.
(c) Permitting any person under the age of eighteen (18) years to enter or remain at an erotic dance studio.
(d) Permitting any alcoholic liquor or cereal malt beverage to be sold or consumed on the premises of an erotic dance studio.
(e) Permitting any person to enter or remain at any erotic dance studio who is intoxicated.
(f) Performing or permitting others to perform as dancers in an erotic dance studio unless such performance occurs on a platform intended for the purpose.
(g) Performing or allowing entertainers to perform a dance closer than five (5) feet to any patron.
(h) Fondling or permitting others to fondle or caress any patron.
(i) Permitting patrons to fondle or caress any dancer.
(j) Allowing a patron to directly pay or directly give any gratuity to any dancer.
(k) Soliciting any pay or gratuity from any person.
(l) Encourage any person on the premises to touch, caress or fondle the breasts, buttocks or genitals of any other person.
(Ord. 709; Code 2003)
(a) License Required. No person shall be employed as a dancer or entertainer at any erotic dance studio who does not possess a current special entertainer’s license to perform at an erotic dance studio.
(Ord. 709; Code 2003)
Any person desiring a special entertainer’s license shall make a written application for such license to the city clerk. Such application shall provide the following information:
(a) Name and address of the applicant;
(b) Proof of the applicant’s true age;
(c) Each applicant shall be photographed by the police department and such photograph shall be attached to the application. A copy of the application and photograph shall be sent to the chief of police for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified under the provisions of this article. The chief of police shall report to the city clerk no later than ten (10) working days upon the completion of the investigation. The city clerk shall issue or deny the license to perform in an erotic dance studio based upon the results of the police investigation.
(d) Every license issued pursuant to this article will expire at the end of the calendar year regardless of when the license was issued and must be renewed before performing in an erotic dance studio is allowed in the following year. Application for renewal must be made to the license collector no later than thirty (30) days prior to the date of expiration of the license. he permit fee provided in Chapter 17 of the approved schedule of fees shall apply to permit renewals.
(Ord. 709; Code 2003; Code 2007)
No permit to perform in an erotic dance studio shall be issued to:
(a) Any person who has not attained eighteen (18) years of age;
(b) Any person who, within one (1) year immediately preceding the date of making application, has been convicted of any crime involving moral turpitude, or within one (1) year has been released from probation for conviction of a crime of moral turpitude. Provided, that the terms “conviction” and “adjudged guilty” shall include being placed on diversion.
(Ord. 709; Code 2003)
(a) The chief of police, upon five (5) days’ written notice to the person holding a special entertainer’s license, shall have the authority to suspend such license for a period not to exceed thirty (30) days, for any of the following reasons:
(1) False information or data was given or material facts were omitted from the application;
(2) The holder becomes ineligible to obtain a license;
(3) The holder is adjudged to have violated the regulations of Section 5-806 for conduct in an erotic dance studio.
Provided, however, that the holder of a license may appeal such order of suspension to the governing body within seven (7) days from the date of such order.
(b) The governing body, upon five (5) days’ written notice to the person holding a license may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license for any of the above reasons.
Any appeal taken from an order of revocation shall not suspend the order of revocation of a special entertainer’s license; no new license shall be issued to such person for a period of six (6) months after the revocation becomes effective.
(Ord. 709; Code 2003)
Any person who violates any provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 709; Code 2003)
Should any court declare any section, clause or provision of this article 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 article.
(Ord. 709; Code 2003)