99-9964 Amusement Entertainment(Published in The Salina Journal January / , 2000)
ORDINANCE NUMBER 99-9964
AN ORDINANCE AMENDING ARTICLE III, CHAPTER 6 OF THE SALINA
PERTAINING TO THE LICENSING AND REGULATION OF ADULT ORIENTED
ESSES, AND REPEALING THE EXISTING ARTICLE III, CHAPTER 6.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment of Article III, Chapter 6. That Article III, Chapter 6 of the
Code is hereby amended to read as follows:
`ARTICLE III. ADULT-ORIENTED BUSINESSES
DIVISION 1. GENERALLY
Sec. 6-46. Deleterious Secondary Effects.
In conjunction with its consideration of this ordinance, the
Governing Body has reviewed studies regarding the deleterious secondary
effects of adult-oriented businesses from the following communities:
Amarillo, Texas; Austin, Texas; Beaumont, Texas; Cleveland, Ohio;
Indianapolis, Indiana; Los Angeles, California; Minneapolis, Minnesota;
Oklahoma City, Oklahoma; Phoenix, Arizona; and Whittier, California.
IIAfter carefully considering the results of those studies, the
Governing Body makes the following findings:
1. That areas containing adult-oriented businesses experience a
substantially greater incidence of crime than other similar
areas without such businesses.
2. That areas containing adult-oriented businesses experience a
substantially greater depreciation of property values than
other similar areas without such businesses.
3. That the concentration of adult-oriented businesses in the
same neighborhood attracts an undesirable transient
population, causes an increase in crime, encourages
businesses and residents to relocate, and adversely affects
property value.
4. That based on such studies, it is reasonable to conclude that
said deleterious secondary effects would occur within the City
of Salina absent appropriate regulation of adult-oriented
businesses.
5. That the primary purpose of the regulations contained herein
is to mitigate, and possibly avoid the deleterious secondary
effects of adult-oriented businesses and is unrelated to
restricting access to the products and services offered by such
businesses.
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Sec. 6-47. Definitions.
As used in this article, unless the context clearly requires otherwise,
the following words and phrases shall have the meanings ascribed to them
in this section:
"Adult-oriented business " means any business:
(1) That has as a substantial or significant purpose the sale or
rental of merchandise that is intended for use in connection
with specified sexual activities, or that emphasizes matters
depicting, describing or relating to specified sexual activities
or specified anatomical areas; or
(2) That has as one of its regular and substantial business
purposes:
a. The providing of entertainment where the emphasis is
on performances, live or otherwise, that depict, portray,
exhibit or display specified anatomical areas or
specified sexual activities; or
b. The providing of services that are intended to provide
sexual arousal or excitement or that allow observation
of specified sexual activities or specified anatomical
areas ancillary to other pursuits, or allow participation
in specified sexual activities ancillary to other pursuits.
(3) The definition of "adult-oriented business" also includes but
is not limited to any and all of the following specific adult-
oriented businesses, as defined herein:
a. Businesses that offer merchandise for sale or rent.
1. "Adult media or merchandise outlet" means a
commercial establishment which as one of its
substantial or significant business purposes offers
for sale or rental for any form of consideration
any one or more of the following:
(a) Books; magazines; periodicals; other
printed matter; pictures; slides; videotapes;
video reproductions; compact discs; motion
pictures; films; or other media; containing
visual representations distinguished or
characterized by an emphasis on matter
depicting, describing, or relating to sexual
activities or specified anatomical areas; or
(b) Instruments; devices; gifts or
paraphernalia; which are designed or
marketed for use in connection with
specified sexual activities.
"Substantial or significant ". For the purposes of
this Article it shall be presumed that a
commercial establishment has as one of its
"substantial or significant" business purposes the
sale or rental of the materials described herein if
one or more of the following criteria are satisfied:
(a) The establishment makes use of a sign
visible from any public street, whether
located on or off the property of the
establishment, advertising the availability
at the establishment of any material
described in subsection 1 of this definition;
(b) Thirty percent (30%) or more of the floor
area of the business (not including
storerooms, stock areas, bathrooms,
basements or any portion of the business
not open to the public) is devoted to such
items at any time;
(c) Thirty percent (30%) or more of all
inventory at any time consists of such
items;
(d) Thirty percent (30%) or more of the
merchandise displayed for sale at any time
consists of such items;
(e) Thirty percent (30%) or more of the sales,
measured in dollars over any consecutive
ninety -day period, is derived from such
items;
(f) Thirty percent (30%) or more of the
number of sales transactions, measured
over any consecutive ninety -day period, is
of such items;
(g) Thirty percent (30%) or more of the dollar
value of all merchandise displayed at any
time is attributable to such items;
(h) Thirty percent (30%) of the stock in trade
at any time consists of such items;
This presumption shall be rebuttable.
"Designed or Marketed for Use. " In determining
whether an item is "designed or marketed for
use" in connection with specified sexual
activities, the following guidelines may be
considered:
(a) Expert testimony as to the principle use of
the items;
(b) Evidence concerning the total business of a
person or business establishment and the
type of merchandise involved in the
business;
(c) National and local advertising concerning
use of the item;
(d) Evidence of advertising concerning the
nature of the business establishment;
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(e) Instructions, graphics or other material
contained on the item itself or on the
packaging materials for the item;
(f) The physical or structural characteristics of
the item;
(g) The manner in which the item is displayed,
including its proximity to other regulated
merchandise or signage relating to items in
a display area;
Any person may request an interpretive
ruling from the City Manager, or his or her
designee, as to whether a particular item is
considered by the city to be "designed or
marketed for use" in connection with specified
sexual activities. An application for an
interpretive ruling shall be made in writing on a
form provided by the City Manager, and shall be
accompanied by such other information as may
be reasonable be requested under the
circumstances pertaining to the specific item
about which a ruling is requested. The City
Manager shall issue a written interpretive ruling
within ten business days following submission of
a completed application. The decision of the City
Manager may be appealed to the Governing Body
within fifteen days following the interpretive
ruling by submitting a written notice of appeal to
the City Clerk.
2. "Adult newsrack" means any coin- or card -operated
device that offers for sale by dispensing printed
material which is distinguished or characterized by its
emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas.
b. Businesses that provide entertainment.
1. "Adult entertainment business" means any business to
which the public, patrons or members are invited or
admitted, and where providing "adult entertainment," as
defined herein, is a regular and substantial portion of its
business.
2. The definition of "adult entertainment business" also
includes, but is not limited to, any and all of the
following specific adult entertainment businesses, as
defined herein:
(a) "Adult arcade" means any place to which the
adult public is invited wherein coin-operated or
token operated or electronically, electrically or
mechanically controlled still or motion picture
machines, projectors or other image -producing
devices are maintained to show images to five (5)
or fewer persons per machine at any one (1) time
and where the images so displayed are
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distinguished or characterized by an emphasis on
matters depicting, describing or relating to
specified sexual activities or specified anatomical
areas.
(b) "Adult motion picture theater" means an
establishment with screen or projection areas,
where a regular and substantial portion of its
business is the exhibition to patrons of films,
videotapes or motion pictures which are intended
to provide sexual arousal or sexual excitement to
the patrons and which are distinguished by or
characterized by an emphasis on matter depicting,
describing or relating to specified sexual
activities or specified anatomical areas.
(c) "Adult theater" means an establishment where a
regular and substantial portion of its business is
providing the live performance of activities
relating to specified sexual activities or exhibition
of specified anatomical areas of live performers,
for observation by patrons.
(d) "Adult entertainment cabaret" means an
establishment where a regular and substantial
portion of its business is providing adult
entertainment which features strippers, male or
female impersonators, or live performances, or
material which depict, portray, exhibit or display
specified anatomical areas of specified sexual
activities or are intended to arouse or excite the
sexual desires of the entertainer, other entertainer
or patron.
(e) "Adult entertainment studio' (includes the terms
"rap studio," "exotic dance studio," "sensitivity
studio' or "encounter studio') means an
establishment whose premises are physically
arranged so as to provide booths, cubicles, rooms,
compartments or stalls separate from the common
areas of the premises, and where a regular and
substantial portion of its business is providing
entertainment which features materials or live
performances characterized by an emphasis on or
features materials relating to specified sexual
activities or the exhibition of specified
anatomical areas.
(f) "Adult encounter parlor" means an establishment
where a regular and substantial portion of its
business is the provision of premises where
patrons congregate, associate, or consort with
employees, performers, and/or other patrons or
private contractors who display specified
anatomical areas in the presence of such patrons,
with the intent of providing sexual arousal or
excitement to such patrons.
"Adult entertainment" means any exhibition,
performance, display or dance of any type, including, but not
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limited to, talking, singing, reading, listening, posing, serving
food or beverages, soliciting for the sale of food, beverages or
entertainment, pantomiming, modeling, removal of clothing,
or any service offered on a premises where such exhibition,
performance, display or dance is intended to arouse or excite
the sexual desires of the entertainer, other entertainers or
patrons, or if the entertainment depicts, portrays, exhibits or
displays specified anatomical areas or specified sexual
activities.
"Contagious and communicable diseases" means those
diseases which are set out in Kansas Department of Health
and Environment Regulations, K.A.R. 28-1-6, as amended.
"Employee" means any and all persons, including managers,
entertainers and independent contractors, who work in or at or
render any services directly related to the operation of an
adult-oriented business.
"Entertainer" means any person who provides adult
entertainment within an adult business, whether or not a fee is
charged or accepted for entertainment.
"Manager" means any person who manages, directs,
administers, or is in charge of the affairs and/or conduct of
any portion of any activity at any adult business.
"Minor" means any person less than eighteen (18) years of
age.
"Nude" or "Nudity" means the appearance of the human bare
buttocks, anus, human genitals, or a state of dress which fails
to opaquely or fully cover the anus or human genitals.
"Operate" means to own, conduct or maintain the affairs of
an adult-oriented business.
"Operator" means any person owning, operating, conducting
or maintaining an adult-oriented business.
"Patron " means any person who enters an adult-oriented
business without regard to whether a purchase is made from
the adult-oriented business or compensation is paid to the
adult-oriented business or any employee of the adult-oriented
business for merchandise, entertainment or service, provided
that the term patron shall not include persons who enter an
adult-oriented business for the sole purpose of providing
service or merchandise to the adult-oriented business and who
do not remain in the adult-oriented business after the purpose
has been accomplished including, but not limited to, persons
performing construction, repair or maintenance on the
premises or delivering goods or merchandise to the adult-
oriented business and any such similar activity.
"Person" means any individual, partnership, corporation,
trust, incorporated or unincorporated association, joint
venture, governmental entity, or other entity or group of
persons, however organized.
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"Server" means any person who serves food or drink at an
adult entertainment business.
"Specified anatomical areas " mean:
(1) Uncovered or exposed human genitals, pubic region or
pubic hair, buttocks, female breast or breasts below a
point immediately above the top of the areola encircling
the nipple, or any combination of the foregoing; or
(2) Human male genitals in a discernibly erect state, even if
completely and opaquely covered.
"Specified sexual activities" mean any of the following acts
of intended sexual arousal or excitement:
(1) Sexual conduct including, but not limited to,
actual or simulated acts of sexual intercourse,
masterbation, oral copulation or sodomy;
(2) Fondling or other intentional touching of a
person's clothed or unclothed genitals, pubic
area, buttocks, or the breasts of a female;
(3) Sadomasochistic acts; or
(4) Acts involving animals or latent objects.
Sec. 6-48 - 6-53. Reserved.
DIVISION 2. LICENSES
Sec. 6-54. License required.
(a) It shall be unlawful for any person to operate or maintain an adult-
oriented business in the City unless the owner, operator or lessee thereof
has obtained an adult-oriented business license from the City, or to operate
such business after such license has been revoked or suspended by the
City.
(b) It shall be unlawful for any entertainer, server, employee, manager,
operator or owner to knowingly perform any work, service or
entertainment directly related to the operation of an unlicensed adult-
oriented business.
(c) The failure to post an adult-oriented business license in the manner
required herein shall be prima facie evidence that an adult-oriented
business has not obtained such a license. In addition, it shall be prima
facie evidence that any entertainer, employee, manager or owner who
performs any business, service or entertainment in an adult-oriented
business in which an adult-oriented business license is not posted in the
manner required herein had knowledge that such business is not licensed.
(d) Any business that engages in the barter, rental, or sale of items
consisting of printed matter, pictures, slides, records, audiotapes,
videotapes, compact discs, motion pictures, films or other media, if such
business is not open to the public in general but only to one or more
classes of the public, excluding any minor by reason of age, or if a
substantial or significant portion of such items are distinguished or
characterized by an emphasis on the depiction or description of "specified
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sexual activities" or "specified anatomical areas" shall be deemed to have
consented to periodic entry into and inspection of the business premises by
appropriate city officials and inspection by those officials of only those
business records necessary for the limited purpose of determining whether
such business enterprise is an "Adult -Oriented Business" as defined
herein. This entry and inspection shall take place during hours when such
business is open to the public, unless otherwise requested by the business,
and shall not unreasonably interfere with the conduct of such business.
Sec. 6-55. License required for managers, servers and entertainers.
It is unlawful for any person to work as an entertainer, server or
manager at an adult-oriented business without first obtaining a license to
do so from the City, or to work as an entertainer, server or manager at an
adult-oriented business after such person's license to do so has been
revoked or suspended.
Sec. 6-56. License, classification and fees.
(a) The license year for all fees required herein shall be from January 1
through December 31. The application for a license shall be accompanied by
payment in full of the fee stated herein by cash, certified or cashier's check, or
money order, and no application shall be considered complete until such fee is
paid.
(b) All licenses shall be issued for a specific location and shall be
nontransferable, and license fees shall be nonrefundable.
(c) The classification of licenses and fees for each shall be established
pursuant to Section 2-2.
Sec. 6-57. License limited to one identifiable type of adult use.
All adult-oriented business licenses shall be issued only for the one adult-
oriented business use listed on the application. Any change in the type of adult
use shall invalidate the adult-oriented business license and require the licensee to
obtain a new license for the change in use. A separate license is required for
each adult use.
Sec. 6-58. License applications.
(a) Adult -Oriented Business License.
All persons desiring to secure a license to operate an adult-
oriented business as required herein shall make a verified
application with the City Clerk. All applications shall be submitted
in the name of the person who owns the adult-oriented business.
The application shall be signed by the applicant. If the applicant is a
corporation, the application shall be signed by its President. If the
applicant is a partnership, the application shall be signed by a
partner. In all other instances where the owner is not an individual,
where applicable, the application shall be signed by an authorized
representative of the owner. The City Clerk may require proof of
authorization before accepting an application. All applications shall
be submitted on a form supplied by the City Clerk, and shall require
the following information:
(1) The name, residence address, home telephone number,
occupation, date, place of birth, and social security number of
the applicant.
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(2) The tax identification number and registered agent if the
owner is required to have a tax identification number or
registered agent.
(3) The name of the adult-oriented business, a description of the
type of adult-oriented business to be performed on the
licensed premises, and the name of the owner of the premises
where the adult-oriented business will be located.
(4) The names, residence addresses, social security numbers and
dates of birth of all partners, if the applicant is a partnership or
limited liability partnership; and if the applicant is a
corporation or limited liability company, the same
information for all corporate officers and directors and
stockholders or members who own more than twenty-five
percent (25%) interest in the corporation.
(5) A statement from the applicant whether the applicant, or any
corporate officer or director, or stockholder, partner or
member who owns more than twenty-five percent (25%)
interest in such entity in previously operating in this or
another city, county or state, has had an adult-oriented
business license of any type revoked or suspended, and if so,
the reason for the suspension or revocation and the business
activity subjected to the suspension or revocation.
(6) A statement from the applicant, all partners or each corporate
officer and director that each such person has not been
convicted of, or released from confinement for conviction of,
or diverted from prosecution on, any felony, whichever event
is later, within five (5) years immediately preceding the
application, or has not been convicted of, or diverted from
prosecution on, a misdemeanor, or released from confinement
for conviction of a misdemeanor, whichever event is later,
within two (2) years immediately preceding the application,
where such felony or misdemeanor involved sexual offenses,
prostitution, indecent exposure, sexual abuse of a child,
pornography or related offenses, or controlled substances,
illegal drugs or narcotics offenses as defined in the Kansas
Statutes or municipal ordinances.
The statement shall also indicate that the applicant, each
partner or each corporate officer and director has not been
convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2)
years immediately preceding the application where such
municipal ordinance violation involved sexual offenses,
indecent exposure, prostitution, sale of controlled substances,
illegal drugs or narcotics.
(7) If the applicant is a corporation or limited liability company, a
current certificate of registration issued by the Kansas
Secretary of State.
(8) A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and
that the information contained therein is true and correct and
that the applicant has read the provisions of this ordinance
regulating adult oriented businesses.
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Failure to provide the information and documentation
required herein shall constitute an incomplete application. The City
Clerk shall notify the applicant whether or not the application is
complete within 10 working days of the date the application is
received by the City Clerk.
(b) Manager, Server or Entertainer License.
All persons desiring to secure a license to be a manager, server or
entertainer shall make a verified application with the City Clerk.
All applications shall be submitted in the name of the person
proposing to be a manager, server or entertainer. All applications
shall be submitted on a form supplied by the City Clerk and shall
require all of the following information:
(1) The applicant's name, home address, home telephone number,
date and place of birth, social security number, and any stage
names or nicknames used in entertaining.
(2) If applicable, the name and address of each adult business
where the applicant intends to work as a manager, server or
entertainer.
(3) A statement from the applicant that the applicant has not been
convicted of, or released from confinement for conviction of,
or diverted from prosecution on, any felony, whichever event
is later, within five (5) years immediately preceding the
application, or has not been convicted of, or diverted from
prosecution on a misdemeanor, or released from confinement
for conviction of a misdemeanor, whichever event is later,
within two (2) years immediately preceding the application,
where such felony or misdemeanor involved sexual offenses,
prostitution, indecent exposure, sexual abuse of a child or
pornography and related offenses, or controlled substances or
illegal drugs or narcotics offenses as defined in the Kansas
Statutes or municipal ordinances.
The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted
from prosecution on a municipal ordinance violation within
two (2) years immediately preceding the application where
such municipal ordinance violation involved sexual offenses,
indecent exposure, prostitution or sale of controlled
substances or illegal drugs or narcotics.
(4) The applicant shall present to the City Clerk, who shall copy,
documentation that the applicant has attained the age of
eighteen (18) years at the time the application is submitted.
Any of the following shall be accepted as documentation of
age:
(a) A motor vehicle operator's license issued by any state,
bearing the applicant's photograph and date of birth;
(b) A state -issued identification card bearing the
applicant's photograph and date of birth;
(c) An official and valid passport issued by the United
States of America;
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(d) An immigration card issued by the United States of
America;
(e) Any other form of picture identification issued by a
governmental entity that is deemed reliable by the City
Clerk; or
(f) Any other form of identification deemed reliable by the
City Clerk.
Failure to provide the information required herein shall
constitute an incomplete application. The City Clerk shall notify the
applicant whether or not the application is complete within ten (10)
working days of the date the application was received by the City
Clerk.
Sec. 6-59. Application Processing.
Upon receipt of an application for an adult-oriented business license, or a
manager, server or entertainer license, the City Clerk shall immediately transmit
one copy of the application to the Chief of Police for investigation of the
application. In the case of an adult-oriented business license application, the
City Clerk shall also transmit a copy of the application to the Director of
Planning and Community Development and the Building Official. It shall be the
duty of the Chief of Police to investigate such application to determine whether
the information contained in the application is accurate and whether the
application meets the requirements herein for issuance. The Chief of Police shall
report the results of the investigation to the City Clerk not later than ten (10)
working days from the date the application is received by the City Clerk. It shall
be the duty of the Director of Planning and Community Development and the
Building Official to determine whether the structure where the adult-oriented
business will be conducted complies with the requirements and meets the
standards of the applicable zoning code, building code, fire and property
maintenance ordinances, and health regulations. The Director of Planning and
Community Development and the Building Official shall report the results of
their investigation to the City Clerk not later than ten (10) working days from the
date the application is received by the City Clerk. Upon receipt of the reports
from the Chief of Police, the Director of Planning and Community Development
and the Building Official, the City Clerk shall forward the application for
consideration by the City Manager, who shall approve or disapprove the license.
Sec. 6-60. Examination of Application, Issuance of License,
Disapproval.
(a) The City Manager shall examine an application for an adult-oriented
business license, or a manager, server, or entertainer license, within thirty
(30) days of the date such application was received by the City Clerk.
After such examination, the City Manager shall approve the issuance of a
license only if the appropriate license fee has been paid, the applicant is
qualified, and all the applicable requirements set forth herein are met. No
license shall be approved for any person ineligible pursuant to the
provisions herein. All incomplete applications shall be denied.
(b) The City Manager's report on license examination shall be in
writing and show the action taken on the application. If the license is
granted, the City Manager shall direct the City Clerk to issue the proper
license.
(c) If an application for a license is disapproved, the applicant shall be
immediately notified by certified mail, and the notification shall state the
basis for such disapproval. Any applicant aggrieved by the disapproval of
pure
a license application may appeal the denial to the Governing Body by
submitting a request for the appeal, in writing, to the City Clerk. An
appeal shall be considered by the Governing Body at a regular or special
meeting to be held within fifteen (15) days of receipt of the appeal. Any
applicant aggrieved by the Governing Body's disapproval of a license
application may seek judicial review in a manner provided by law.
Sec. 6-61. Renewal.
(a) A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire on
December 31 of each calendar year, and renewal applications for such
licenses shall be submitted between November 1 and December 10.
(b) Upon timely application and review as provided for a new license, a
license issued under the provisions of this ordinance shall be renewed by
issuance of a new license in the manner provided herein.
(c) If the application for renewal of a license is not made during the
time provided herein, the expiration of such license shall not be affected
and a new application shall be required.
Sec. 6-62. License - Ineligibility and Disqualification.
No person is eligible nor shall a license be issued to:
1. An applicant for an adult-oriented business license if one or more of
the following conditions exist:
a. The operation of an adult-oriented business is not permitted
within the zoning district in which the business is located.
b. The proposed adult-oriented business is to be located within
one thousand (1,000) feet of any of the following within the
corporate limits of the city:
(1) A boundary of a residential district;
(2) A church or synagogue;
(3) A school (grades K through 12);
(4) A group day care center or kindergarten; or,
(5) A public park or playground, if any portion of the park
or playground or a street abutting any portion of the
park or playground is within or abuts a residential
district.
For the purpose of this subsection, measurement shall be
made in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building
or structure used as part of the premises where an adult-
oriented business is conducted, to the nearest property line of
the premises of a church or rectory, school, group day care
center or kindergarten or to the nearest boundary of an
affected public park or playground or residential district.
C. The proposed adult-oriented business is to be located within
five hundred (500) feet of another adult-oriented business.
The distance between two (2) adult-oriented businesses shall
be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior walls of the
structures in which the businesses are located.
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d. The proposed adult-oriented business is to be located in the
same building, structure or portion thereof in which an
existing adult-oriented business is located;
e. The applicant knowingly failed to supply all of the
information requested on the application;
f. The applicant knowingly gave materially false, fraudulent or
untruthful information on the application;
g. The applicant's proposed business premises does not comply
with or meet the requirements of the applicable health,
zoning, building code, fire and property maintenance
ordinances of the City, provided, that upon a showing that the
premises meets said requirements and that the applicant is
otherwise qualified, the application shall be eligible for
reconsideration by the governing body;
h. The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes set forth herein
during the time period set forth herein;
i. The applicant has had an adult-oriented business license or
comparable license revoked or suspended in this or any other
city during the past five (5) years; or
2. An applicant for a manager, server or entertainer license if one or
more of the following conditions exist:
a. The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes set forth herein
during the time period set forth herein;
b. The applicant knowingly failed to provide all of the
information required on the application;
C. The applicant knowingly gave materially false, fraudulent or
untruthful information on the application;
d. The applicant has had a manager, server or entertainer license
revoked or suspended in this or any other city during the past
five (5) years; or
e. The applicant is applying for a license for a manager, server
or entertainer in a bath house or body painting studio and has
not produced a health certificate as required herein.
Sec. 6-63 - 6-64. Reserved.
DIVISION 3. OPERATING REGULATIONS
Sec. 6-65. Standards of Operation.
The following standards of operation shall be adhered to by all
adult-oriented businesses, their employees and all managers, servers and
entertainers and patrons of adult-oriented businesses, while on or about the
premises of the business:
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1. Identification Cards.
All or any manager, server or entertainer issued a license under the
provisions contained herein shall, at all times when working in an
adult-oriented business, have in their possession a valid
identification card issued by the City, bearing the permit number,
the employee's physical description and a photograph of such
employee. Such identification cards shall be laminated to prevent
alteration.
2. Age Restriction.
Only persons eighteen (18) years of age or older shall be permitted
on the premises of any adult-oriented entertainment business.
3. Exterior Observation.
The premises of all adult-oriented businesses will be so constructed
as to insure that the interior of the premises is not observable from
the exterior of the building. In addition, all windows will be
covered to prevent viewing of the interior of the building from the
outside and all doorways not constructed with an anteroom or foyer
will be covered so as to prevent observation of the interior of the
premises from the exterior of the building.
4. Exterior Display.
No adult-oriented business will be conducted in any manner that
permits the observation of live performers engaged in an erotic
depiction or dance or any material or persons depicting, describing
or relating to specific sexual activities or specified anatomical areas,
as defined herein, from any exterior source by display, decoration,
sign, show window or other opening.
5. Nudity prohibited.
No manager, employee, server, entertainer or patron in an adult-
oriented business shall be nude, or clothed in less than opaque attire.
6. Certain Acts Prohibited.
a. No manager, employee, server, entertainer or patron shall
perform any specified sexual activities as defined herein, wear
or use any device or covering exposed to view which
stimulates any specified anatomical area, use artificial devices
or inanimate objects to perform or depict any of the specified
sexual activities or participate in any act of prostitution as
prohibited by state law or municipal ordinance while on the
premises of an adult-oriented business.
b. All dancing or other live entertainment on the licensed
premises that is intended to provide sexual stimulation or to
appeal to, arouse or excite the sexual desire or interests of the
patrons shall occur and be performed solely on a platform or
stage which is raised at least two (2) feet above the primary
level of the customer floor area. In order to insure the
performance area of the stage or performance platform is not
within the reach of patrons and to further insure patrons are
unable to touch the performers during their performances, the
licensee, owner, operator or manager shall either erect a
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physical barrier between the performers and the patrons that
effectively eliminates the touching of the performers by the
patrons or they shall paint a clearly discernable boundary line
on the stage surface beyond which the performers shall not
perform and which is sufficiently distant from the forward
edge of the stage or performance platform to insure the
patrons cannot touch the performers. Further, it shall be
unlawful for any person to be upon any portion of the stage
during a performance or for an owner, operator or manager to
permit a patron to be upon any portion of the stage during the
performance.
C. No employee, server, entertainer or patron of an adult-
oriented business while on the premises of an adult-oriented
business shall knowingly touch, fondle or caress any specified
anatomical area of another person, or knowingly permit
another person to touch, fondle or caress any specified
anatomical area of such employee, server, entertainer or
patron, whether such specified anatomical areas are clothed,
unclothed, covered or exposed.
d. No entertainer shall solicit, demand or receive any
payment or gratuity from any patron for any act
prohibited herein and while on the premises of an adult-
oriented business and no entertainer shall receive any
payment or gratuity from any patron for any
entertainment except as follows:
1. While such entertainer is on the stage a patron may
place such payment or gratuity into a container affixed
to the stage; or
2. While such entertainer is not on the stage but while on
the premises of an adult-oriented business and is
clothed so as to not expose to view any specified
anatomical area, a patron may either place such
payment or gratuity into the entertainer's hand, or under
a leg garter worn by such entertainer at least four (4)
inches below the bottom of the pubic region.
e. No owner, operator, manager or other person in charge of the
premises of an adult-oriented business shall:
1. Knowingly permit alcoholic liquor or cereal malt
beverages to be bought upon the premises unless
authorized to do so by a properly issued and current
drinking establishment or cereal malt beverage license;
2. Knowingly allow or permit the sale, distribution,
delivery or consumption of any controlled substance or
illegal drug or narcotic on the premises;
3. Knowingly allow or permit any person under the age of
eighteen (18) to be in or upon the premises of an adult-
oriented entertainment business;
4. Knowingly allow or permit any act of prostitution or
patronizing prostitution on the premises, as prohibited
by state law or municipal ordinance; or
5. Knowingly allow or permit a violation of this ordinance
or any other city ordinance provision or state law.
7. Signs Required.
All adult-oriented entertainment businesses that provide live
entertainment shall conspicuously display in the common area
at the principal entrance to the premises, a sign, on which
uppercase letters shall be at least two (2) inches high, and
lowercase letters at least one (1) inch high, which shall read as
follows:
"THIS ADULT ENTERTAINMENT BUSINESS
IS REGULATED AND LICENSED BY THE
CITY OF SALINA ENTERTAINERS ARE:
• Not permitted to engage in any type of
sexual conduct or prostitution on the
premises or to fondle, caress or tough the
breasts, pubic region, buttocks or genitals
of any employee, patron or other
entertainer or to permit any employee,
patron or other entertainer to fondle, caress
or touch the breasts, pubic region, buttocks
or genitals of said entertainer.
• Not permitted to be nude.
• Not permitted to demand or collect any
payment or gratuity from any customer for
entertainment, except as follows:
While such entertainer is on
the stage, by placing such payment
of gratuity into a box affixed to the
stage; or
While such entertainer is not
on the stage, by either placing such
payment or gratuity into the
entertainer's hand, or under the
entertainer's leg garter.
CUSTOMERS ARE:
• Not permitted to be upon the stage at any
time.
• Not permitted to touch, caress or fondle the
breasts, pubic region, buttocks or genitals
of any employee, server, entertainer or
patron or engage in solicitation for
prostitution."
8. Lighting Required.
The premises of all adult-oriented business shall be equipped with
overhead lighting of every place to which customers are permitted
access, at an illumination of not less than one (1) footcandle, as
measured at the floor level, and such illumination must be
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maintained at all times that any customer or patron is present in or
on the premises.
9. Closed booths or rooms prohibited.
The premises of all adult-oriented businesses shall be physically
arranged in such a manner that the entire interior portion of any
booths, cubicles, rooms or stalls 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.
10. Ventilation and sanitation requirements.
The premises of all adult-oriented businesses shall be kept in a
sanitary condition. Except as otherwise provided herein, separate
dressing rooms and rest rooms for men and women shall at all times
be maintained and kept in a sanitary condition.
11. Hours of operation.
No adult-oriented business may be open or in use between the hours
of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday when the
business may not be open between the hours of 2:00 a.m. and 12:00
noon.
Sec. 6-66. License - Posting or display.
(a) Every person licensed as an adult-oriented business shall post such
license in a conspicuous place and manner on the adult-oriented business
premises.
(b) Every person holding a server, manager or entertainer license shall
post his or her license in his or her work area on the adult-oriented
business premises so it shall be readily available for inspection by City
authorities responsible for enforcement of this ordinance.
Sec. 6-67. Manager on premises.
(a) A manager shall be on duty at all adult-oriented businesses at all
times the premises are open for business. The name of the manager on
duty shall be prominently posted during business hours.
(b) It shall be the responsibility of the manager to verify that any person
who provides adult entertainment or works as a server within the premises
possesses a current and valid entertainer or server's license and that such
licenses are prominently posted. It shall also be the responsibility of the
manager to insure minors do not enter upon the premises of an adult-
oriented entertainment business.
Sec. 6-68. Inspectors and inspections.
All adult-oriented businesses shall permit representatives of the
police department or any other City official acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
C.W.
Sec. 6-69. Regulations.
The City Manager shall have the power to promulgate regulations as
may be necessary and feasible for the carrying out of the duties of his/her
office and which are not inconsistent with the provisions of this ordinance.
Sec. 6-70 - 6-72. Reserved.
DIVISION 4. SUSPENSION, REVOCATION, NON -RENEWAL, APPEAL
Sec. 6-73. Suspension, revocation, non -renewal or appeal.
Whenever the City Manager has information that:
(1) The owner or operator of an adult-oriented business has
violated, or knowingly allowed or permitted the violation of any of
the provisions of this ordinance; or
(2) There have been recurrent violations of provisions of this
ordinance which have occurred under such circumstances that the
owner or operator of an adult-oriented business knew or should have
known that such violations were committed; or
(3) The license was knowingly obtained through false statements
in the application for such license or renewal thereof; or
(4) The licensee knowingly failed to make a complete disclosure
of all information in the application for such license, or renewal
thereof; or
(5) The owner, operator or any partner, or any corporate officer or
director holding an adult-oriented business license has become
disqualified from having a license by a conviction as provided
herein; then the City Manager shall, upon five (5) days written
notice to the licensee, conduct a 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
following actions:
(a) Suspend the license for up to ninety (90) days;
(b) Revoke the license for the remainder of the license
year; or
(c) Place the license holder on administrative probation for
a period of 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 for the remainder of the license year.
A license holder may appeal a suspension or revocation to the
Governing Body in the same manner as a license application disapproval.
Sec. 6-74 - 6-78. Reserved.
'U.,
DIVISION 5. PENALTY
Sec. 6-79. Penalty.
It shall be unlawful for any person to violate any of the provisions of
this article. Upon conviction thereof, the general penalty and continuing
violations section set forth in Salina Code Section 1-10 shall apply."
Section 2. The current provisions of Article III, Chapter 6 and Ordinance Number 97 -
are hereby repealed.
Section 3. Neither the adoption of this ordinance nor the repeal or amendment of any
finance or part or portion thereof shall in any manner affect the prosecution or civil enforcement for
dations of ordinances, which violations were committed prior to the effective date hereof, nor be
astrued as a waiver of any license, fee or penalty at said effective date due and unpaid under such
finances, nor be construed as affecting any of the provisions of such ordinances relating to the
flection of any such license, fee or penalty, or the penal provisions applicable to any violation
:reof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed
deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall
atinue in full force and effect.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
publication once in the official city newspaper.
Introduced: December 20, 1999
Passed: January 3, 2000
0a" ?-ke�
Alan Jilka, Vice Mayor
TTEST:
R. Weber, Acting City Clerk