CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 4. ADULT ORIENTED BUSINESSES

For the purpose of this article, and unless the context otherwise requires, the following words, terms and phrases shall be defined as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4)   The relocation of any sexually oriented business.

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

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

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

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

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

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

(o)   Specified anatomical areas means:

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

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

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

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

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

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

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

(Ord. 868; Code 2015)

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

(b)   As to any sexually oriented business in operation on the effective date of this article, it shall be unlawful for any person to operate, to be an operator of, or to cause to be operated any sexually oriented business in the City of Cottonwood Falls, Kansas, on or after sixty (60) days following the effective date of this article unless application has been made pursuant to Section 5-404 for a temporary permit to continue such business.

(c)   As to any sexually oriented business in operation on the effective date of this article, it shall be unlawful for any person to operate, to be an operator of, or to cause to be operated any sexually oriented business in the City of Cottonwood Falls, Kansas, on or after thirty (30) days following the denial by the governing body of an application pursuant to Section 5-404 for a temporary permit to continue such business, unless by such time an action has been commenced in the District Court of Chase County, Kansas, for the judicial review of such denial pursuant to K.S.A. 60-2101 (d), in which case the provisions of this subsection (c) shall be stayed during the pendency of those legal proceedings.

(d)   As to any sexually oriented business in operation on the effective date of this Ordinance, it shall be unlawful for any person to establish, to operate, to be an operator of, or to cause to be operated any sexually oriented business activity in the City of Cottonwood Falls, Kansas, which is different in type or scope than that which was in operation on the effective date of this Ordinance, or to relocate any such sexually oriented business activity to another location within the City.

(Ord. 868; Code 2015)

For a period of 180 days after the effective date of this Ordinance, no application for a license to operate a sexually oriented business shall be accepted or a license issued permitting the conduct of any sexually oriented business. A task force shall be appointed by the Mayor, with the approval of the governing body, to perform a study or a review of applicable studies regarding the potential adverse secondary effects of sexually oriented businesses, and to develop and recommend to the governing body licensure requirements and restrictions to prevent or mitigate any such potential adverse secondary effects, including recommendations regarding restrictions on the location of such businesses and their manner of operation. The task force shall be assisted in these efforts by the City Attorney, the City Clerk and such other City staff as the Mayor shall direct from time-to-time. The task force shall report to the governing body on such matters not later than 120 days after the effective date of this Ordinance, unless such time is extended by subsequent action of the governing body.

(Ord. 868; Code 2015)

(a)   Any sexually oriented business in operation in the City prior to the effective date of this Ordinance may be granted a temporary permit to continue in operation during the moratorium pursuant to Section 5-403, provided that a written application for such temporary permit is delivered to the City Clerk within sixty (60) days of the effective date of this Ordinance. Such an application shall include the following:

(1)   The name and address of the applicant for the temporary permit;

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

(3)   The address and location of such business;

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

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

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

(c)   The governing body of the City shall conduct a hearing upon the application. If the governing body finds that the application is in order, that the applicant has permitted the inspection described in (b) above, that sufficient evidence is found to confirm that the business activities as stated in the application were in fact being conducted at that location to the extent as stated in the application, and that such activities are not being conducted in violation of any other law of the City or of the State of Kansas, then the governing body shall grant a temporary permit for the continuation of such business activities during the moratorium under Section 5-403.

(d)   Upon notice and a hearing, any temporary permit issued under the authority of this Section may be revoked by the governing body upon any one of the following findings being made: that any information submitted as to the application therefor was materially false; that the sexually oriented business activities described in the application were not in fact being conducted on the effective date of this Ordinance; that sexually oriented business activities have been conducted beyond the scope of the temporary permit or beyond the confines of the premises or portion of the premises to which the permit applies; or that illegal activity has been conducted or permitted to be conducted in relation to the permitted sexually oriented business activities.

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

(f)   The term of any temporary permit issued under the authority of this Section shall be for such period of time as the moratorium under Section 5-403, including any extension thereof as may be enacted by the governing body. The temporary permit shall also remain in effect thereafter for such period of time as may then be provided for a person to make application for a license to operate a sexually oriented business and until such time as such license is granted, or the application therefor is denied, in whole or in part, or the application therefor is deemed to be abandoned.

(Ord. 868; Code 2015)

A person who violates any provision of this article shall be guilty of a Class A violation under the Uniform Public Offense Code as adopted by the City.

(Ord. 868; Code 2015)

The establishment or operation of a sexually oriented business without a valid license or a temporary permit in violation of this article shall constitute a nuisance, and a person who establishes, operates or causes to be operated such business shall be subject to a suit for injunctive relief as well as prosecution under Section 5-405.

(Ord. 868; Code 2015)