§ 5-58. Definitions.

The following words and phrases, when used in this article, shall have the following meanings:

Adult arcade shall mean any place to which the public is permitted or invited where, for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players 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 displayed are characterized by the depiction or description of nudity or specified sexual activities.

Adult business shall mean:

(1)

Any establishment that meets any one or more of the following criteria:

a.

Adult materials are 25 percent or more of the total inventory of the business;

b.

Adult materials are 25 percent or more of the dollar value of the total inventory of the business;

c.

Adult materials are 25 percent or more of the total sales, rentals, or exchanges;

d.

Adult materials are displayed on 25 percent or more of the total sales floor area;

e.

The establishment advertises adult entertainment, adult materials or adult services on on-site or off-site signs; in the newspaper, magazines or other print media; on the radio, television, Internet or other similar media; or through any other media.

f.

The establishment does not physically and visually separate adult entertainment, adult materials or adult services from other business purposes; nor provides controlled access to a room featuring adult entertainment, adult materials or adult services.

g.

A reasonable person would identify the establishment as an adult business.

(2)

Any establishment that is an adult arcade, adult cabaret, adult motel, adult movie theatre, nude model studio, or sexual encounter center.

Adult cabaret shall mean any place that regularly features adult entertainment, including, but not limited to nightclubs, restaurants, private clubs, theatres, concert halls and auditoriums.

Adult entertainment shall mean any live exhibition, performance, display or dance of any type, including but not limited to talking; singing; reading; listening; posing; pantomiming; modeling; removal of clothing; or any service offered for amusement on a premises in which the exhibition, performance, display or dance is characterized by the depiction or description of nudity or specified sexual activities.

Adult materials shall mean media or merchandise for use in connection with specified sexual activities, or that is characterized by the depiction or description of nudity or specified sexual activities. "Adult materials" includes, but is not limited to books, magazines, periodicals or other printed matter; photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations; and instruments, devices or other paraphernalia.

Adult motel shall mean 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, slides or other photographic reproductions which are characterized by the depiction or description of nudity or specified sexual activities; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions.

Adult movie theatre shall mean any place that, for any form of consideration, regularly shows films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by the depiction or description of nudity or specified sexual activities.

Adult services shall mean services that are intended to provide or facilitate the sexual arousal or excitement or that allow observation of a nude person or specified sexual activities ancillary to other pursuits, or allow participation in specified sexual activities ancillary to other pursuits.

Application date shall mean the date the city clerk receives a completed license application, accompanied by the appropriate fee.

Employee shall mean any person, including but not limited to security guards, door bouncers, and wait staff, who work in or at, or render any services directly related to the operation of an adult business.

Entertainer shall mean any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for the adult entertainment.

Manager shall mean an on-site supervisor working on behalf of an adult business. A licensed owner is a manager when the licensed owner is on the premises, even if the licensed owner has not obtained a manager's license pursuant to section 5-65(b).

Minor shall mean any person under 18 years of age.

Nude/nudity shall mean less than completely or opaquely covering and exposing to view:

(1)

Human male or female genitals; or

(2)

Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs or any other clothing that does not completely or opaquely cover the anal cleft or cleavage of the male or female buttocks; or

(3)

The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed; or

(4)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Nude model studio shall mean any place where a nude person is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. "Nude model studio" shall not include a college, community college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, community college or university supported entirely or partly by taxation; or in a structure:

(1)

That has no sign visible from the exterior of the structure and no other advertising that indicates that a person will be nude;

(2)

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

(3)

Where no more than one nude person is on the premises at any one time.

Owner shall mean any person who owns an adult business, including a sole proprietor, all partners in the case of a partnership or any stockholder or member with more than a 25 percent interest in the organization in the case of a corporation or company.

Patron shall mean any person on the premises of an adult business who is not an employee, entertainer, manager or owner of the adult business, regardless of whether the person pays any compensation to the adult business, employee or entertainer for any services, merchandise or adult entertainment. "Patron" shall not include a person who enters an adult business for the sole purpose of inspecting the premises or providing a good or service to the adult business and who does not remain in the adult business after the purpose has been accomplished.

Premises shall mean the structure, or a portion of a structure, in which the adult business is conducted, including restrooms, dressing rooms and kitchens, but not including any open space on the property or on adjoining property used in conjunction with the adult business, such as parking areas or common areas. If the adult business operates in a structure, which is designed, and intended to house only one business, the premises shall be the entire structure. If the adult business operates within a structure that is designed, or intended, to house more than one business, the premises shall be the area within the exterior walls of such a structure that is devoted solely to the adult business.

Sexual encounter center shall mean any place that offers, for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex; or, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.

Specified anatomical areas shall mean the human genitals, pubic region, buttocks, or female breast.

Specified criminal act shall mean any unlawful lewd or indecent conduct, specifically including, but not limited to, any of the following lewd or indecent criminal acts:

(1)

Any sex offense set forth in Chapter 21, Article 35, of the Kansas Statutes Annotated, as amended;

(2)

Any crime set forth in the Kansas Uniform Controlled Substances Act, Chapter 65, Article 41, of the Kansas Statutes Annotated, as amended;

(3)

Incest (K.S.A. 21-3602, as amended);

(4)

Aggravated incest (K.S.A. 21-3603, as amended);

(5)

Furnishing alcoholic liquor or cereal malt beverage to a Minor (K.S.A. 21-3610, as amended);

(6)

Furnishing alcoholic beverages to a minor for illicit purposes (K.S.A. 21-3610b, as amended);

(7)

Promoting obscenity (K.S.A. 21-4301, as amended);

(8)

Promoting obscenity to minors (K.S.A. 21-4301a, as amended);

(9)

Any Kansas municipal ordinance violation based upon any of the crimes set forth above in subsections (1) through (8), inclusive;

(10)

Any criminal violations from a state other than Kansas, or municipal ordinance from a state other than Kansas, corresponding to the crimes set forth above in subsections (1) through (8), inclusive.

Specified sexual activities shall mean 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; or

(3)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above.

(Ord. No. 6429,§ 1, 9-7-04)