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99-9964 Affidavit of Publication Ordinance Number 99-9964 Following is a true and correct copy of ! (3) The definition of "adult-on-I The City Manager shell"iss re as together with proof of publication of the same. anted business"also includes but! written interpretive ruling within; is not limited to any and all of the ten business days following sub-I following specific adult-oriented; mission of a completed applica- businesses,as defined herein: Lion. The decision of the Ciry,I a. Businesses that offer mer- chandise Manager may Body appealed to the for sale or rent. AFFIDAVIT days folio gosh within fifteen; I i 1.outlet" means or commercial days following the interpretive tol- tlise outlet" means a commercial ing by submitting a written notice Bryant Pierpont establishment which as one of its of appeal to the City Clerk. substantial or significant business 2. "Adult newsrack" means I, , being duly ;purposes offers for sale or rental any coin-or card-operated device; Jor any form of consideration any i near more of the following: that offers for sale by dispensing; printed-material which is distin- (a) Books; magazines;peri- guished or characterized by its sworn, declare that I am the Advertising Manager of THE odicals; other printed matter; pic- emphasis on matter depicting,de- ttures;slides;videotapes;video re- 'scribing or relating to specified -Productions; compact discs; mo-i sexual activities or specified ena- SALINA JOURNAL, a daily newspaper published at Salina, lion pictures:films;or other media:! tomical areas. containing'visual representations b. Businesses that provide enter- distinguished or characterized byI tainmenl. Saline County, Kansas, and of general circulation in said an emphasis on matter depicting, 1. "Adult entertainment busi- describing, or relating to sexual ness" means any business to activities or specified anatomical which the newspaper public,patrons or mem- count , which a p er has been continuously and unin- areas:or bers are invited or admitted, and y p (b) Instruments; devices: where providing "adult entertain- gifts or paraphernalia; which are men;,"as defined herein,is a reg- designed or marketed for use in ular and substantial portion of its terruptedly published for five consecutive years prior to first connection with specified sexual business. activities. I . 2. The definition of"adult en- "Substantial or significant".( tertainment business" also in- publication,of attached notice, and that the attached For the purposes of this Article it eludes, but is not limited to, any Ordinance Number 99-9964 shall be presumed that a commer-1 and all of the following specific coal establishment has as one of adult entertainment businesses, its"substantial or significant"busi- as defined herein: ness purposes the sale or rental oil (a) "Adult arcade" means 1 the,materials described herein if any place to which the adult public one or more of the following trite- is invited wherein coin-operated or has been correctly published in said newspaper ria are satisfied: token operated or electronically, (a) The establishment, electrically or mechanically con- makes use of a sign visible from trolled still or motion picture ma- times, the first publication being given any public street,whether located chines,projectors or other image- on or off the properly of the;stab- producing devices are maintained Jan ear '7 2000 shment,advertising the availabili- to show images to five(5)or fewer 1 persons per machine at any one ty at the establishment of any ma-, in the issue of �_�� terial described in subsection 1 of dis time displayed arehadistn distinguished or Tiff this definition; I tt Y g (b) Thirty percent (30%) characterized by an emphasis on or more of the floor area of the matters depicting, describing or •V business (not including store-; re- �//��� rooms, stock areas, bathrooms,; !toting to specified sexual activities Subscribed and SWOrr1`te aafOr- S o basements or any portion of the or specified anatomical areas. business not open to the public)is - (b) "Adult motion picture devoted to such items at anytime; 'theater" means an establishment • day of /1.(.( A.D. -Y9 c>7006 (c) Thirty percent (30%) with screen or projection areas, y or more of all inventory at any time `where a regular and substantial consists of such items; !portion of'its business is the exhi- (d) Thirty percent (30%) bition to patrons of films, video- Q/1_, X 71/01C49 or more of the merchandise dis- tapes or motion pictures which are played,for sale at any time con- intended to provide sexual arousal Notary Public or sexual excitement to the a- sists of such ohms; P (e). Thirty percent (30%) Irons and which are distinguished q LORI L. KOCOL or more of the sales,measured in by or characterized by an empha- E� dollars over any consecutive nine- sis on matter depicting,describing Notary Public-State1ol�Kla?nsas ty-day period,is derived from such or relating to specified sexual ac- (Published In The Salina Journal ■, My ppt.Expires /"3-60 6 items; tivities or specified anatomical i January 7,2000) M A p (f) Thirty percent (30%) areas. or more of the number of sales (c)"Adult theater"means an l ORDINANCE NUMBER 99-9964 transactions, measured over any establishment where a regular and 1 AN ORDINANCE AMENDING consecutive'ninety-day period, is substantial portion of its,business of such items; is providing the live performance ARTICLE III, CHAPTER 6 OF (g) Thirty percent (30%) of activities relating to specified ;THE SALINA CODE PERTAIN- or more of the dollar value of all 'sexual activities or exhibition of ING TO THE LICENSING AND merchandise displayed at any specified anatomical areas of live REGULATION OF ADULT ORI- - ' time is attributable to such items; performers,for observation by pa- ENTED BUSINESSES, AND RE- r=`--•------ — (h) Thirty percent (30%).of Irons. - 4.That based on such studies;it the stock in trade at any (d) "Adult entertainment PEALING THE EXISTING ART(- is reasonable to conclude that Y1 time con- cabaret" means an establishment CLE Ill,CHAPTER 6. lists of such items; is deleterious secondary effects This presumption shall be where a regular and substantial BE IT Body of the t by the l Gov- would occur within the City of Sail- p P portion of its business is providing K n sa Body of the City of Salina, Y rebuttable. Kansas: na absent appropriate regulation "Designed or Marketed for adult entertainment ale or which features of adult-oriented businesses. Use." In determinin whether an strippers,male or female imperso- Section 1. C • • Amend- determining I 5. That the primary purpose of item is"designed or marketed for nators, or live performances, or menl I I,Article rte Chapter ' That I 9 !Code IIIh hereby 6 nd the'Sread the mitigate,regulations contained herein is fuse" in activities, with specified material which depict,portray,mi- to leterious and secondary ,effect the sexual sctiayes, fns followin cal or display specified specified ed a l activ-1 Code is hereby amentletl to read g 'deleterious secondary effects of guidelines may be considered: cal areas of specifietl sexual activ- esf"ART: 9 Y adult-oriented businesses and is !ties or are intended to arouse or "ARTICLE U. ADULT-ORI- nci le Expert testimony iteny as to I ENSIO 1.GENERAL unrelated t and seng access to the principle use a the items; excite the sexual entertainer of the DIVISION el GENERALLY the products and services offered (b)Evidence concerning the entertainer, other entertainer or� by such businesses. • total business of a person or bus!- patron. Sec.6-46. Deleterious Seem- P Sec.6-47. Definitions. ness establishment and the (e)"Adult entertainment stu- d In Effects. I I type i In of this ordn with its the Govern- the context used clearly this article, re unless -of merchandise involved in the dio" "exotic(includes n e terms 'rap stu-I ping of this ordinance,the Govern- Win context clearly requires other- business; diq"studio"dance Bunter studio")i wise, the following words and tivi studio"or"encounter studio" 'ing Body has reviewed sec nsae- g i (once ii nal and of the item; b )' garcons the deleterious secondary phrases shall have the meanings tiling concerning use of the item; means an establishment whose:! effects from of adult-oriented business- ascribed to them in this section. (d) Evidence of advertising premises o as are physically booths,cubicles;; off from the following Austin, T less any business: "Adult-oriented business"means concerning the nature of the bus!- so as to provide booths,cubicles,; '. any business: ness establishment: rooms. compartments or stalls Amarillo, Texas; Austin, Texas; (1)That has as a substantial or (e) Instructions, graphics or separate from the common areas t Beaumont, Texas; Cleveland, O 9 P i. Ohio; Indianapolis. Indiana; Los significant purpose the. sale or other material contained on the of the premises,and where a rag-,r rental of merchandise that is in- item itself or on the acka in ma- War and substantial portion of its' Angeles, California; Minneapolis, packaging g Minnesota; Oklahoma City. Okla- tended for use in connection with facials for the item; business is providing entertain-` ;specified sexual activities, or that meet which features materials or Noma; Phoenix, Arizona; and (I)The physical the i or structural Whinier,California. emphasizes matters depicting,de- characteristics of the item; live performances characterized i After carefully considering the scribing or relating to specified - (g)The manner in which the by an emphasis on or features, results of those studies,the Gov- sexual activities or specified ana- item is displayed, including its materials relating to specified sex- tomical areas;or ; ual activities or the exhibition of ,among Body makes the following (2)That has as of its regular' proximity to other regulated mar- IHndin s: " O r 'chandise or si na a relating to 9 9 e 9 specified anatomical areas. .antl substantial business purpos- items in a display 1. That areas containing adult- pny area; (f) "Adult encounter parlor" ,oriented businesses experience a as' - ` Any person may request an means an establishment where a a. The rovidin 'of entertain- crme than greater imilar incidence of p g Manaretr, mis from me City regular and substantial portion of mefo where the emphasis is on Manager, or this or her-deli n crime Ihuc usin similar areas 9 e ea, its business is the provision e- lwithout such areas a sicontain rat depict,portray,rat or otherwise, 'as si whether the particular item is premises where patrons con congith of a that depict,portray,exhibit or dis- 2. Thal areas con experience adult-a I ',considered ign ode or by the di for be"de- gate, associate, or consort with play specified anatomical areas or psi n oriented businesses experience a signed or marketed for use" in employees, performers, and/or specified sexual activities;Se :connection with s 'substantially greater depreciation specified sexual other patrons or private contrac- tors b. The providing of services activities. An application Hof property values than other s es. shall fm made in- in tors area in the presence of such that are intended excite m provide th that sexual ruling ;cal areas in the presence of such tar areas without such businesses. P terpretive retort shall be made in 3, That the concentration of carousal or excitement or that allow ;writing n a form provided by the observation of specified sexual ac-; d Y ing sex,with the intent of excitement !same oriented neighborhood saes in the D Ciry Manager,'n ed by and shall fo Sc- ing such pal arousal or excitement ;same nei hbdrhdod attracts an tivities or specified anatomical ;coin anietl by such other inform-areas ancillary to other pursuits,or p Y to such uatrens. uauses an increase prime,ien, ry P quested to may be.reasonable be re- Adult en, performance,means 'allow participation in specified 'causes an iusinese s crime, en- pertains under the circumstances any exhibition, performance, dis- ;courages businesses and resi- sax- pertaining to-the g specific item play or dance of any type, indud- 'denls to relocate; and adverse) ual activities ancillary to other per- about which a ruling is requested. 'affects property y suits. ing, but not limited to, -talking, value, sing- _—. ing, reading, listening, posing. ner requrequired herein shall be prima _ )serving food or beverages,solicit- (4)The names, !facie evidence that an adult-orient- ;ing for the sale of food,beverages led business has not obtained dresses, social security numbers; The statement shall also indi- or entertainment, pantomiming, and dates of birth of all partners,if Cate that the applicant has not 'such a license. In addition,it shall been convicted of a municipal or- ;modeling, removal of clothing, or the applicant Is a partnership or P be prima facie evidence that any dinance violation or tlivertetl from any service offered on a premises timitetl liability partnership; and if entertainer,employee,manager or rosecution on a municipal!where such exhibition, perform- the applicant is a corporation or P pal ordi- owner who performs any busi- nonce violation within two 2 once.display or dance is intended limited liability company,the same) ( ) ness, service or entertainment in ears immediately preceding the to arouse or excite the sexual de- information for all corporatehoffd-! Y y P 9 an adult-oriented business in a lication where such municipal I sires of the.entertainer, other en- cars and directors end slockholr-. PP which an adult-oriented business ' ordinance violation involved sexu- Yertainers or patrons,or if the en- ers or members who own more, j tertainment depicts, portrays, ex- license is not herein in the'man- than twenty-five percent(25%)in- ,al offenses, indecent exposure, ner required herein had knowl- ' prostitution or sale of controlled h:bits or displays specified ana- rarest in the corporation. I P edge that such business is not 8- - substances or illegal drugs or ner-� tomical areas or specified sexual (5)A statement from the appli censetl. • calics. activities. - - 'cant whether the applicant,or'any? ' (d) Any business that engages in 4 The applicant shall present, "Contagious and communica- corporate officer or director or • ( 1 the barter, rental,or sale of items to the City Clerk, who shall i ble .diseases" means those !stockholder, partner or member, N copy.' diseas- consisting of printed matter, pit- 'wh0 owns more than twenty-five documentation that the applicant 1 ',lures, slides, records, audiotapes,l has attained the age of eighteen. es which are set out in Kansas percent(25%)interest in such en- 9 9 videotapes,compact discs,motion b in previously operating in this, I(18)years at the time the applica- `DepartmenD of Health and`Env'' I ictures, films or other media, if ry- P Y P g .P lion •is submitted. An of the fol--' ,ronment Regulations,K.A.R.28-1- for another city, coon or state„ I Any 'such business is not open to the' adult-oriented lowing shall be accepted as doom 16,as amended. has had• se adult-orientetl busi-I 9 P an public in general but only to one art mental:on of a e: "Employee"means any and all � ness licensee' any type revoked 9 I ,more classes of the public,exclud;' lot suspended, and if so, the rest- (a) A motor vehicle opera-j .persons, including managers, en-l In any minor by reason of age,or' P terlainers and independent con- g Y Y g son for the suspension or revoca- tors license issued by any state, -�d a-substantial or significant por- tion bearing the applicant's photograph l tractors,who work in or at or ren- lion and the business activity sup- 9 PP j tion of such items are distinguish-', 1 and date of birth; der any services directly.related to )acted to the suspension or revo- ei1 's characterized by ti ties" or b Astate-issuetl itlentifica-�or the operation of an adult-oriented; cation. ( ) sis on the depiction or description ites l (6)A statement from the a II- 'lion card bearing the applicant's business. , li O PP of "specified sexual activities" or, , hot rah antl date of birth; I ! "Entertainer' means any per-I cant, all partners or each corpo- P og P • '"specified anatomical areas"shall! c An official and valid :son who provides adult entertain Irate officer and director that each (c) be deemed to have consented to( such person has not been convict- passport issued by the United �ment. within an adult•business,) pe periodic entry into and inspection, �States of America; whether or not a fee is charged or •ad of, or conviction from confine-eted of ilia a business premises ns ap- p. •meet for conviction of,or diverted ' {d) An immigration card.is-' acceptetl for entertainment. j g 'lion by city officials and inspec- sued by the United States of "Manager"means any person :from prosecution on, any felony, Y I •lion b those officials of only those' who manages, directs,•adminis- Y y 1 whichever event is later, within America; business records necessary for ' !America;Any other form of tars, or is in charge of the affairs) j five(5)years Immediately preced- O Y picture' the limited purpose of determining identification issued by a govern-. :and/or conduct of any portion of I whether such business enterprise' ling the application, or has not I Y 9 any activity at any adult business. ; - been. convicted of, or diverted !mental entity that is deemed relic-' is an."Adult-Oriented•Business"as I bleb the City Clerk;or l "Minor" means any person from prosecution on, a misde- by ry l defined herein. This entry and in- f Any other form of idenlifi- less than eighteen (18)•years of I ,meanor,or released from confine-' I O Y spection shall take place,during cation deemed reliable by the City' 'age. - meet for conviction of a misde- Y hours when such business is open' Clerk. I "Nude"or"Nudity"means the ! meanor, whichever event is later, to the'public,unless otherwise re l Failure to provide the informs t appearance of the human bare! within two (2) years immediately P ,quested by the business,and shall'. Lion required herein shall consti-' .buttocks,anus,human genitals,or; preceding the application, where 9 not unreasonably interfere with the' 'lute"an incomplete application.' la state of dress which fails to opa-, such felony or misdemeanor in- p pp cation. -,conduct of such business. - !The City. shall notify the a 'quely or fully cover the anus or hu-' (volved sexual offenses, prostitu- Y Y P-, 'Sec. 6-55. License required hcant whether or not the a h .man genitals. lion, indecent exposure, sexual 1P ppica-t (for managers, servers and en- or, lion is complete within ten (10)1 "Operate"means to own,con-; _ abuse of'a child, pornography lertainers. 'Clerkn days of the date the h 'duct or maintain the affairs of an related offenses, or controlled) 9 Ys PDi-' It is unlawful for any person to cation was received by the City' 'adultoriented business. I sub- Y ry work as an entertainer, server or! Clerk. • "Operator'means any person( stances, illegal drugs or narcotics ,manager at an adult-oriented busi-. I Sec. 6-58. Application Proc-� owning, operating, conducting or offenses as defined in the Kansas PP ness without first obtaining a II-, eosin I maintaining an adult-oriented busi-• Statutes or municipal ordinances. 9 cense to do so from the CI ,pr to' • ness. ry- r , The statement shall also inri- Upon receipt of an application! work as en entertainer, server or for an adult-oriented business li "Patron" means any person] tale that the applicant,each part-I 'manager at an.adult-oriented bust- cense, or a manager, server or who enters an adult-oriented busk! ner or each corporate officer and 9 ' 'ness after such person's license en- ness without regard to whether al director has not been convicted of t to do so has been revoked or sus- tertainer license, the Cit Clerk 'purchase is made from the adult-' a municipal ordinance violation or City 'mended. 'shall immediately transmit one' orientetl business or compensa- diverted from prosecution on a Y Sec.6-56: License,classifica- tion copy of the application to the Chief is paid to the adult-oriented' municipal ordinance violation with- I pY p0 ,lion and fees. of Police for invest' business or any employee of the• tin two (2) years immediately pre-I investigation of the. ';(a)The license year for all fees re- !, re- 'adult-oriented business for men- ceding the application where such 'app'calion. In the case of an squired herein shall be from Janu-I 'chandise, entertainment or serv-� municipal ordinance violation in ;adultoriented business license .cry 1 through December 31. The I a !'cation,the City Clerk shall al-' :ice, provided that the term patron' volved sexual offenses, indecent; PP Y application for a license shall be shall not include persons who en- exposure,prostitution,sale of con-t so transmit a copy of the applica-' Ater an adult-oriented business for 'accompanied by payment in full of trolled substances,illegal drugs or Ilion to the Director of Planning'' .the fee stated herein by cash,cat- and Community Development and. the sole purpose of providing sery-; narcotics. I N P 'f'l'ed or cashier's check,or money! O applicant ro the Building Official. It shall be ilia ,ice or merchandise to the adult-' i 7 If the a licant is a co o-' 9 I icons' and no complete shall be duty ne the Chief of Police to in- orientetl business and who do not' ration or limited liability company, N considered complete until such vest: ate such a application to de-1 'remain in the adult-oriented bust- "ness , a current certificate of registration I 9 PP fee is paid. f hemline whether the information' ness after the purpose has been) I issued by the Kansas Secretary of (bl All licenses shall be issued for, 'contained in the application is etc-' 'accompl:shed including, but not State. PP 'a specific location and shall be ;curate and whether the application; limited to, persons performing, I ( (B)A statement signed under PD nontransferable, and license fees meets the requirements herein for 'con- oath that the applicant has. q shall be nonrefundable. . Issuance. The Chief of Police 'stmclion, repair or maintenance! (person- (c) The classification of licenses, shall report the results of the :n on the premises or tlelivering! at knowledge of the information Po and fees for each shall be estab- I vest: ahon to the Ci 'goods or merchandise' to the' contained in the application and 9 City Clerk not e-i )'shed pursuant to Section 2-2. 1 later than ten 10 working days' atlult-oriented business antl any' !that Ihe information contained ( ) g e See. &57. License limited to I from the date the a application:s re- sucD similar.activiry. .therein is true and correct and that re t one identifiable type of adult caved b the Ci Clerk.It shall be. "Person" means any in,trust-! the applicant has read the prong! by City al, partnership, corporation, trust, ° ll lions of this ordinance regulating the duty of the Director of Plan- All adult-oriented issued business li- inn and Community Development' evelo men-' 'incorporated or unincorporated as- )adult oriented businesses. B N P tenses shall be issued only for the and the Building Official to deter-' •societion, joint venture, 'govern- Failure to provide the iniorma-' t 9 one adult-oriented business use' mine whether,the structure where. (mental entity, or other entity or bon and documentation required listed on the application. Any )the adult-oriented business will be; group of persons,however organ- therein shall constitute an incom- change al the'type d of adult use conducted complies with the re- ized. slate notify Then. The City Clerk P "Server" means any person shall ss invalidate the and requirented! shall notify the applicant whether quiremenis and meets the stand- business license and require the ,reds of the applicable zoning[ .who serves food or drink at an ! or not the application is complete PP d( 'adult entertainment business. b- 'w:thin 10 working days of the date !coda,building code,fire and prop-:. censee to obtain a new license for ( 'art maintenance ordinances,antl ' "Specified anatomical areas" 'City application is received by the Y I the change in use. A separate li- health re regulations. The Director of mean: ! 'Ciry Clerk, 9 i (1) Uncovered or exposed; cense is required for each adult !Planning and Community navei- ( ) P° use. (b)Manager,Server or Entertainer 9 N 'human genitals, pubic region or License. •opment and the Building Official Sec. 6-58. License smallest-1 .shall re report the results of their in-' pubic hair,buttocks,female breast: . All persons desiring to secure than in- Hons. vest' ahon to the Ci Clerk not, for breasts below a point immedi- is license to'be a manager,server 9 City l • (a) Adult-Oriented Business L1-1 later than ten (10) working tla s! ately.above the top of the areola ;or entertainer shall make a verified ( ) 9 Y cense. from the date the application is m encircling the nipple, or any corn-1 ' I application with the City Clerk. All pP All persons desiring to securer calved by the City Clerk. Upon re 'bination of the foregoing;or applications shall be submitted In Y ry p ' (2) Human male genitals in 'a license to operate an adult-on-, the name of the person proposing• ceipt of the reports from the Chief, 'a discernibly rect state, even if, !anted business as required here:n' of Police,the Director of Plannin I y shall make a verified application[ ) 'to be a manager,server or enter 9 completelyand opaquely coveted./ 1 'Miner. All applications shall be' -and Community Development and' •with the City Clerk. All applica- I the Building Official,the City Clerk! I "Specified sexual )activities", 1 submitted on a form supplied by' 9 N !mean any of the following ads of lions shall person submitted in that the City Clerk and shall require all ,shall forward the application for ! name of the person who owns th0 consideration the City q intended sexual arousal or,excite- of the following information: - by a Cit Manage 'menC IadulhOr:anted business: The ap- (1) The applicant's name,' er, who shall approve or disap-I I plication shall be signed by the ap- ;prove the license. (1) Sexual conduct includ-, •home r. dates, home telephone bone P I ration, the applicant is call corpo- be Sec. 6io. Examination of dmu but not limited to,actual or sr- number,:date and her, of birth,', l ration, the application shall be Application, Issuance of LI-I ,mutated acts of sexual inter- social security number, and any PP signed by its President. If(heap- 'cense,Disapproval. course,masterbalion,oral copula-, t 'stage names or nicknames used PP ! pticant is a partnership,the appli- (a)The City Manager Lion or sodomy; I I .in entertaining. O ry gar shall ex- (2) Fondling or other 'elan- cation shall be signed ce by a Part"1 r (2)If applicable.the name and amine an application for an atlult-! ner. In all other instances where oriented business license, or a Ihonal touching of a person's cloth-I t !address of each adult business the owner is not an individual, ;manager,server,or entertainer I:- 'ed or unclothed genitals, pubic' where the applicant'intends to 9 ' (where applicable, the application. pplication cense, within thirty (30) days of area,buttocks,or the breasts of al !work er a manager,serveror en- rtY ( ) Y I ..shall[representative signed by an ner. :The .the date such licat:on was re- female; ten(3)A aCP City Clmay of the oproor. The ceived by the City Clerk. Afferl (3)Sadomasochistic acts;or. (3)A statement from the has not Y ry 'City Clerk may require proof of au- 'such examination, the City! (4)Acts involving animals or 'cant that the applicant has not Y thorization before accepting an 'Mane latent. 6-48- ap- 'been convicted of, or released' 0' • Sec.DIVISION N 2. LICENSES Reserved. aP from confinement for convictionof, 'er shall approve the issuance of e DIVISION 2. . Rase ed. plication. All applications shall be, ,or'diverted from prosecution on, license only if the appropriate I :submitted on a form supplied bye : cense fee has been paid,the a Sec.6-54. License required. any felony,whichever event Is tat- P p-1 a It shall be unlawful for any per- 'Ilia City Clerk, and shell require I:cant is qualified,and all' a O y Par 'the following information: er,within five(5)years immediate- iP q P-I son to operate or maintain an g 'ly preceding the application, or hecable requirements set forth (1) The name, residence ad-. herein are met. No license shall adult-oriented business in the City has not been convicted of, or di-I (dress, home telephone number,' I 'be approved for an unless the owner,operator or les- ',veiled from prosecution on a mil- pD any person :occupation, date, place of birth,' Ineli t- see thereof has obtained an adult- 'demeanor, or released from con-' 8 and social security number of the ble ursuant to the- oriented business license from the '.linement for conviction of a misde- pursuant provisions' :City, or too erase such business 'applicant. - - - _( herein. All incomplete appl:ca- N P )meanor,whichever event is later, after such license has been re- (2)The tax identification nom-; lions shall be denied. I loan and registered agent if 'het w:thin two (2) years :ion,wh re' voked or suspended by the Ci g g ! (b)The City Manager's report on ! P Y City. :owner is required to have a text preceding the application, where ,(b)It shall be unlawful for any en- identification number or registered' such felony or misdemeanor in-; !license examination shall be in writing and show the action taken partainer, server, employee, man- a ehi volved sexual offenses, prostitu- g a ee, operator or owner to know- g red the the City application. if the license is g I (3)The name of the adultod- lion, indecent exposure, sexual' granted,the City M 'ingly perform any work,service or anted business, a description.of abuse of a child or pornography p N onager shall di- �entertainment directly related to I rest the City Clerk to issue the Y the type of adult-oriented business) and related offenses,or controlled . the o erafion of an unl:censetl NP properlicense. , I P to be performed on the licenseet substances or illegal drugs or oar-' adult-oriented business. P [substances offensees or defined in the (c)If an application for a license prembes, and the name of the is disapproved,the a (c)The failure to post an adult-oil- ! !Kansas Statutes or municipal PP applicant shall owner of the premises where the pal or i- be,immediately n anted business license in ihel y otified by certified• man- f . /adult-oriented business will be to-: non es. ran mail; and the notification shall a. The applicant has been state the basis for such tlisapprov- I rand which is sufficiently dist'ant� convicted, released from erled er- al. Any applicant aggrieved by the 'anon for conviction or diverted on from the forward edge of the:stage taco to which customers ar—a per ;disapproval of a license applica- tatty of the crimes set forth herein for performance platform to insure mined access,at an illumination of lion may appeal the denial to the ;the patrons cannot touch the, not less than•one (1) r level,lGovernin Body by submitting a 'herein the time period set forth P pet" as measured at the floor level,and' t Governing Y y g herein; formers. Further, it shall'be;un- ?request for the appeal, in writing, b. The applicant knowingly (lawful for any person to be upon such illumination must be main-; Ito the City Clerk. An appeal shall' .failed to provide all of the informa- any portion of the stage during a tamed at all times that any sus-I be considered by the Governing pedormance or for an owner,.()pi: lompr or patron is present or on tion required on the application; Body at regular or special meet- I c. The applicant knowingly) ,orator or manager to permit a pa- the premises. ing to be held within fifteen (15) gave materially information false,fraudulent or trop to be upon any portion of the I , 9. Closed booths or roomsl untruthful information on the appli- stage during the performance.' , prohibited. days otiose;pt of the appeal. Any a No em to ee;server,enter- r The premises of all atlult-ori- a Iicanl aggrieved by the Gov-• cation; ,a . P Y i PP g9 Y ' twiner or patron of an adult-orient- entetl,businesses shall be ph si d. The applicant has had a P Y 'erring Body's disapproval of a ii- ;Miner business while on the remises sally arranged in such a manner Icense application may seek judi- manager, server or entertainer li- r p j i PP Y I of an adult-oriented business shall that-the entire interior portion of cial review in a manner provided Icense rang other er suspended during in f P knowingly touch, fondle l area any,stalls is booths, cubicles, rooms or ;b law. . this or any other city during the I 9Y I Y an specified anatomical area of � stalls is visible from a commons • past five(5)years;or Y P (a). license Renewal. : !another person, or knowingly r area not the premises. Visibility) S. The for a oat is r.server, P c Y Pa- (a ak fig app moo be renewed fore license for a manager.server, .mil another person to touch, ton- I .shall not be blocked or obscured) bye making application to the City rile or caress any specified aria- by;doors, curtains, drapes or any, Clerk on application forms provid-I or entertainer in a bath house or; ; Y Pec DD D other obstruction whatsoever. ed for that purpose. Licenses I ;body painting studio and has not. Comical area of such employee, P rp t : . 10. Ventilation and sanitation shall expire on December 31 of 'produced a health certificate as, 'server, entertainer or patron, P .re- areas;whether such clothed,hed,unclothed;anatomical boy- .requirements. each calendar year, and renewal areas era exposed. unclothed;bov- n ,The premises of all adult-ori- ,applications for such licenses shall I squired herein. ented businesses shall be kept in1 1 Sec. 6H63-6H64. Reserved eretl or exposed. ar sanitary condition. Except as•'be submitted between November DIVISION 3. OPERATING I d:No entertainer shall •mien t f 1 and December 10. tlemantl or receive any meet ,otherwise provided herein, sepal REGULATIONS Y PfY (ie Upon timely application and or gratuity from any patron hire o I rate dressing rooms and rest. Sec.6-65. Standards of Oper-I 9 Y Y P Y review as provided for a new li- rooms for men and women shall at' I orlon. act prohibited herein and while ed! Icense,a license issued under the The following standards of oper- the premises of an adult-oriented .all times be maintained and kept; provisions of this ordinance.shall .business and no entertainer shall - -- - - - iI anon shall be adhered to by all [in a sanitary condition. be renewed by issuance ota newt ry adult-oriented businesses, their receive any payment or gratuity f 17.Hours of o oration. Icense in the manner provided I P ;herein. I employees and all managers, from any patron for any entertain- No atlultronentetl business! servers and entertainers and pa- ment except as follows: ma be en (c)If the application for renewal I Y op or in use between of a license is not made during the' Irons of adult-oriented businesses, 1. While such entertainer-is, the hours of 2:00 a.m. and 9:00 while on or about the remises of on the stage a patron may.place time provided herein, the expira-I T p JI ouch payment or gratuity into a III a.m?ow:n arty tlay other than a Sun- da ho et business may not tion of such license shall not be at.' the business: r container affixed to the stage;or Y tested and a new application shall; - g be. en between the hours of PP 1.Identification Cards. .r 2.While such entertainer is 2A0 a.m.and 12:00 noon. be required. I All or any manager, server or not on the stage but while on'.the' Sec. 6-62. License-Ineli mil- ! Sec. 6-66. License - Posting! g entertainer issued a license under premises of an adult-oriented! ;or(a)Every Ity and Disqualification. .1 the provisions contained•herein bus;- No person is eligible nor shall a shall,at all times when working in ness and is clothed so'as to not• (a)Every person licensed as an 1 license be issued to: an adult-oriented business, have ,expose to view any specified ana-' adult-oriented business shall post .1. An applicant for an adult-on- In their possession a valid identiti- tomical area, a patron may either' ,such license in a conspicuous ented business license it one or issued I I { P lace and manner on the atlult-ori- 'cation card permit by the City, place such payment or ,or under er; anted business remises, more of the following conditions bearing the permit n deschp the a the entertainer's hand,such antler I P exist: 'employee's physical description a leg.garter worn by such enter-I I , Every person entertainer main holding a serv- ; a. The operation of an adult- , er,manager or entertainer license and a photograph of such employ- ;low that bottom four pubic inches be- 'shall post his or her license in his' ;oriented business is not permitted ee. Such identification cards shall low the bottom of the pubic region. or her work area on the etl so it !within the zoning district in which ! I I r be laminated to prevent alteration. e. No owner, operator/man- ,ented business r the business is located. 2.Age Restriction. "." ager or other person in charge of premises so it b. The proposed adult-orient-I I (ed business is to be located within,' persons eighteen (18) the premises of an adult-oriented ;shall be.reatlCi available for in-1 b ' years of age or older shall be per- business shall: D by City authorities re- one thousand (1,000)feet of any! sponsible for enforcement of this! r mittetl en the premises of any 1.Knowingly permit alcohol-' ;ordinance. •of the following within the corpo-1 'adult-oriented entertainment bus;- , is liquor or cereal malt beverages; ' ;rate limits of the city: t Sec.6-67. Manager on prem- ness. to be bought upon the premises• Ises. (1)A boundary of a residen-I • 3.Exterior Observation. . unless authorized to do so N7 a I I fiat district; c (a)A manager shall be on duty! The premises of all adult-orient- properly issued and current drink-, at all adult-orientetl businesses at (2)A church or synagogue; . ed businesses will be so'con- ' • ing establishment or cereal)malt' all times the premises are open for; (3) A school (grades K' 'slructed as to insure that.the beverage license; . i P p ?through 12); inter;- -• 2.Knowin allow or•e'ririit business. The name of the man: (4)A group day care center I 9 Y P ager on duty shall be prominently' or kindergarten;or, nor of the premises is not observe- - - 'o posted during (5) A public park or play- ble from the exterior of thobuild- the sale, distribution, delivery or P(b) It uringbe business the responsibility 'r O P P P Y' ing. In addition, all t viewis.will (consumption of- any controlled ponsibiliry ground, if any portion of the park; !substance or illegal drug or - --y or Playground or a street abutting be covered to prevent viewing of ( 9 9 of the manager.ho provides ides verify that any D Y9 9 narcot- I the interior of the building from the .person who provides adult enter- any portion of the path or play- ;outside and all doorways not con- lc on the premises; •+ ground is within or abuts a resi- Y i enter- tainment or works as a server identtal district. strutted with an anteroom or.idyer 3 Knowingly allow or permit I within the premises possesses a will be covered.so as to prevent fatty person under the age of eight- serer' and valid entertainer or For the purpose of this sub-! .observation of the interior of the ieenr(18) to be in or upon the section, measurement shall be premises from the exterior of the ;premises of an adult-oriented en- servers license and that such li- ;made in a straight line,without re-I building. • -. ttertainmenl business; - 'senses are prominently posted. If ;gard to intervening structures or 4.Exterior Display. Sep';. 4.Knowingly allow or permit shall also er the responsibility of objects, from the nearest portion No •adultvnented business will any.act of prostitution or palroniz ;the manager to insure minors do of the building or structure used as j be conducted in any manner,ihat ' ling prostitution on the premises, ,not enter upon the premises of an .pan of the premises where an I 'adult-oriented entertainment busi- permits the observation of erotic d Weyer- Las!prohibited by state law or.mu- iadult-oriented business is con- ; !nisi al ordinance;or - 'mess. ducted. to the nearest roe formers or in any erotic for L P Sec. 8-68. Inspectors and in- !ducted. property I per on or dance or any describing material or • i 5.Knowingly allow or permit .line of the premises of a church on! arviolation of this ordinance or any' slaeetlons. (rectory, school, group day care (persons depicting, describing or Y. I All adult-oriented businesses center Or kindergarten or to the relating to specific sexual activities i l other city ordinance provision or !shall permit representatives of the 9 !ors specified anatomical areas.'as I state law. !nearest boundary of an affected r Pe r (police department or any other defined herein, from any exterior 7.Signs Required. ;ca official acting in their official !public park or playground or resi-I ! All adult-oriented entertain- capacity g 'dential disincL source by display, tlecoration, ,, capacity to inspect the premises c. The proposed adult-orient- ,sign,show window or other:open- pmerit businesses that aspiprovide live; as necessary to insure the busk P P N entertainment shall conspicuously'. led business is to be located within mg. mess is complying with all applica: 5.Nudity prohibited. .,, o display in the common area at the ble regulations and laws. five hundred(500)feet of another - 9 ( ) principal entrance to the remises, adult-oriented business. The dis- No manager, employee, server, ; ,D P premises, Sec. 6�9t Regulations. lance between two (2) adult-ohm' entertainer or patron in be dude. t- ,a sign,on which t two (2) letterer The City Manager shall have Tented businesses shall be meas-I ',oriented business shall b& nude, -shall be at least two (2) inches! me power to promulgate regula- ured in a straight line,without re-. 'or clothed in less than opaque at- r'high, and lowercase letters etl Itions as may be necessary and g tire. Oleast one(1)inch high,which shall' Bard to intervening structures or! 6.Certain Acts Prohibited. ? nreadas follows: I I ',feasible for the carrying out of the objects, from the closest exterior a. No•manager, employee, o•u 'THIS ADULT ENTERTAIN- 'duties of inconsistent office and which walls of the structures in which the server, entertainer or patron shall MENT BUSINESS I5 REGULAT ,are not inconsistent with the provi- businessesarelocated. ! perform any specified sexual I;ED AND LICENSED �BV THE Isions of this ordinance. .d. The proposed adult-orient- activ- aC1TY OF SALINA ENTERTAIN-' Sec. 6-76-6-72. Reserved. ed business is to be located in the ;ties as defined herein, weal or --'�-'—T' DIVISION 4. SUSPENSION, same building,structure or portion use any device or covering ex- ERS ARE: REVOCATION,NON-RENEWAL, thereof in which an existing adult-1 Y 9 •Not permitted to engage Out APPEAL 'posed to view which stimulates I an a of sexual premises conduct air Sec. 6-73. Sus eneibn,revo- oriented business is located; Y NP any specified- anatomical;mate fondle, caress,re the remises or the p e. The applicant knowingly use artificial devices or inanimate , ;prostitution P cation,non-renewal or appeal., failed to supply all of the informa- breasts, cu is r io touch the Whenever the CiN Manager has r the objects ci perform al dapict any of genital, oubic region, ee. pat or lion requested on the application; the specified sexual activities for' ,information that: i. The applicant knowingly 'genitals other oentey employee, patron 1 The owner or operator ofd (gave materially false;fraudulent or participate prohibited in and by stof ate prlawi.or • or other ante;patrr or to permit 1 ( ) prohibitetl by state law or an adult-oriented business has; untruthful information on the appli- - any employee;patron or other en- PP 'munici al ordinance while'o'n,'.the violated, or knowingly allowed or cation; p tertainer t fondle.caress or touch! ! The applicants proposed; premises of an adult-oriGntea the breasts,pubic region,buttocks) permitted the violation in any of g.. PP P P - the provisions of this ordinance; n or business premises does not com-: •bus;- - _ or genitals of said entertainer. ! P2 There have been recurrent ply with or meet the requirements ness. - Not permitted to be nude) violations of provisions of this ordi- of the•applicable health, zoning,' b.All dancing or,other live en- • Not permitted to demand! P building ode, fire and properly( tertainment on the licensed preen- nonce which have occurred under! ises that is intended to rovide or collect any-payment for or gratuity) 9 such circumstances that the own-I maintenance ordinances of the p from any customer for entertain- City, provided,that upon.a show-, 'sexual of excite the or a ual desire I er or operator of an atduIt-oriented merit:except as follows: ing that the premises meets sai0 arouse or excite the sexual desire business knew, or should have While such entertainer is requirements and that the appli- 'ou i and be performed the patrons shall on C known that such violations were P Ion the stage,by placing such pay- requirements antl'be performed solely nn a committed;or cant is otherwise qualified,the a merit of gratuity into a box affixed q P our or stage which is raised (3)The license was knowingly . plication shall be eligible for recbn-, I to the stage;or sideration by the governing body; sat least two(2)feet above the pri- obtained through false statements While such entertainer is Y g g Y� mary level of the cuslomex.floor . in the application for such license h. The applicant has been! ' I not on the stage,by either placing; area. In order to insure Ne r-` or renewal thereof;or convicted, released from incarcer-I ;such payment or gratuity into the. lotion for conviction or m incatl on Iformance area of the stage or,per-' entertainer's-hand or under the' I (4) The licensee knowingly] ! (formance platform is not within the I failed to make a complete tlisclo-, any of the crimes set forth herein entertainer's leg garter. 1 Bunn the time period set forth I reach of patrons and to further in-r sure of all information m the appli- during p CUSTOMERS ARE: 'cation for such license,or renewal ;sure patrons are unable to touch I • Nol permitted to be u nl herein; P Po the performers during their per- (thereof;or • i. The applicant has had an' 1 the stage t any time. r 5 The owner, operator or if operator or the licensee, owner, •Not ermined to touch,ca (5) adult-oriented business license or P 'comparable license revoked on operator or manager_shall either rocs or fondle the breasts, pubic: Zany partner,or any g an adul offi- r erect a physical barrier between ter or director holding an adult-ori- suspended in this or any other city region,buttocks r,genitals of any; 1 I (the performers and the patrons employee, server, entertainer orj ented business license has be- 'during the past five(5)years;or ghat effectively eliminates ',(he - come disqualified from having a li- t. An applicant fora manager,I patron tion- age in solicitation for, ,touching of the performers by.the ; tense by a conviction as provided server or entertainer license if one' p.8.Lighting hen" :patrons or they shall paint a'dear- • herein; then the City Manager or more of the following conditions ly discernable boundary line on .8.Lighting Required. shall, upon Y 'The premises of all.adult-ors-, on five (5) days written .exist____ the stage surface beyond which I P tthe_performers shall not perform ' anted business shht g of equipped' notice to-the:lirminee, hethert a ,with oveiheatl lighting_of every, hearing to determine whether the license should be suspended-or revoked. Based on the evidence •produced at the hearing, the City Manager may take any of the fol- Itowing actions: • (a)Suspend the license for up to ninety(90)days; i (b)Revoke the license for the remainder of the license year;or (c)Place the license holder on administrative probation for a peri- odoof up to one (1) year, on the' !condition that no further violations 'of the ordinance occur during the, • :period of probation. If a violation does occur, and after a hearing the violation is determined to have actually occurred, the license will be revoked tor the remainder of the license year. A:license holder may appeal a suspension or revocation to the ' .Governing Body in the same man-, Iner as,a license application disap- Iproval. Sec. 6-74-6-78. Reserved. ' DIVISION 5. PENALTY Sec. 6-79. Penalty. - It shall be unlawful for any per- son to violate any of the provisions of this article. Upon conviction • thereof, the general penalty and continuing'violations section set 1 forth in'Salina Code Section 1-10 shall apply." Section 2. The current provi- sions of Article III,Chapter 6 and Ordinance Number 97-9829 are, hereby repealed. Section 3. Neither the adoption •of this ordinance nor the repeal or 1 /amendment of any ordinance or 'part or portion thereof shall in any manner affect the prosecution or 1 civil enforcement for violations of 'ordinances, which violations were I ' -committed prior to the effective /date hereof,nor be construed as a (waiver of any license,fee or pen- rally at said effective date due and !unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinan- Ices relating to the collection of any such license,fee or penalty,or the •penal provisions applicable to any • 'violation thereof, nor to affect the validity of any bond or cash de- posit in lieu thereof required to be ,posted,filed or deposited pursuant • to any ordinance, and all rights and obligations thereunder apper- taining shall continue in full force and effect. Section 4. That this ordinance wall be in full farce and endcpubom and racer its adoption official antl publication once in the official city newspaper. Introduced:December 20,1999 Passed: January 3,2000 Alan Jilka,Vice Mayor ' {SEAL} ATTEST: ' Barbara R.Weber,Acting City Clerk (1t) I, .