As used in this Code, unless the context otherwise requires, the following words or phrases shall have the meaning and be defined as provided in this Article.

(a)   “Adult entertainment” - means any live exhibition, performance, display or dance of any type, including but not 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 for amusement on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer or other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, anus, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered.

(b)   “Adult entertainment business” - means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the membership organization, and including but not limited to business establishments identified as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, juice bar, nude modeling studio, sexual encounter center, massage parlor, or similar or like business establishments.

(c)   “Employee” - means any and all persons, including managers, servers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult entertainment business or establishment.

(d)   “Entertainer” - means any person who provides adult entertainment within an adult entertainment business or establishment as defined in this Article, whether or not a fee is charged or accepted for entertainment.

(e)   “Manager” - means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment business or establishment.

(f)   “Public place” - means any area generally visible to public view and includes streets, sidewalks, bridges, alleys plazas, parks, driveways, parking lots, and automobiles whether moving or not.

(g)   “Server” - means any person who serves food or drink at an adult entertainment business.

(h)   “Specified anatomical areas” - mean (1) uncovered or exposed human genitals, pubic region or pubic hair, or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing, or (2) human male genitals in a discernible erect state, even if completely and opaquely covered.

(i)    “Specified sexual activities” - mean sexual conduct, being actual or stimulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

(Ord. 3482, Art. 1; Code 2008)

(a)   It shall be unlawful for any person to operate or maintain an adult entertainment business in the City of Osawatomie, Kansas, unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the City, and it shall be unlawful for any person to operate such business after such license has been revoked or suspended by the City.

(b)   It shall be unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult entertainment business within the City of Osawatomie, Kansas.

(c)   It shall be prima facia evidence that any adult entertainment business that fails to have posted, in the manner required by this Code, an adult entertainment business license, has not obtained such a license. In addition it shall be prima facia evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business in which an adult. entertainment license is not posted, in the manner required by this Code, had knowledge that such business was not licensed.

(Ord. 3482, Art. 2, Sec. 1; Code 2008)

(a)   The license term for all fees required under this Code shall be for a period of 12 months commencing on the date of issuance of the license. The application for a license shall be accompanied by payment in full of the fees stated in this section payable by certified or cashier’s check or money order; and no application shall be considered complete until all such fees are paid.

(b)   All licenses shall be issued for a specific location and type shall be non- refundable and nontransferable.

(c)   The classification of licenses shall be as follows. Fees shall be established by the governing body in the annual fee resolution:

(1)   Adult entertainment business license;

(2)   Adult entertainment manager’s license;

(3)   Adult entertainer’s license;

(4)   Adult entertainment server’s license.

(d)   In addition to the specified license fee, each individual applicant shall be responsible to pay in full, by certified or cashier’s check or money order, the fee chargeable by appropriate law enforcement agencies to process the fingerprint card or other investigative costs. The Chief of Police shall prepare and make available a schedule of such charges and shall direct the manner of and payee for any such charges.

(Ord. 3482, Art. 2, Sec. 3; Code 2008)

All persons desiring to secure a license to operate an adult entertainment business under the provisions of this Code shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult entertainment business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:

(1)   The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the current and previous residence addresses for the past two years, the home telephone number, occupation, date and place of birth and social security number.

(2)   The names, residence addresses, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers and directors and stockholders who own more than 10% or greater interest in the corporation.

(3)   The addresses of the applicant, or of all partners, or official corporate officers and directors for the five years immediately prior to the date of application.

(4)   A statement from the applicant, or from all partners, or from all corporate officers and directors whether any such person or entity, in previously operating in this or another city, county or state, has had a 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 revocation.

(5)   A statement of the business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors for the three years immediately preceding the date of the application.

(6)   A statement from the applicant, or from each partner, or from each corporate officer and director, that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:

(A)  a felony criminal act within five years immediately preceding the application, or

(B)  a misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances, or any other comparable violation of the laws of this state or the laws of any other state.

       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 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.

(7)   Fingerprints and photographs shall be taken by the Osawatomie Police Department.

(8)   A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained herein is true and correct and that the applicant has read the provisions of this Code regulating adult entertainment businesses.

Failure to provide the information and documentation required by this subsection shall constitute an incomplete application which shall not be processed.

(Ord. 3482, Art. 3, Sec. 1; Code 2008)

All persons desiring to secure a license under the provisions of this Code to be an adult entertainment manager, server or entertainer shall make a verified application with the City Clerk. All applicants shall be submitted in the name of the person proposing to be an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk, shall require the taking of fingerprints and photographs by the Chief of Police and shall require the following information:

(a)   The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the current and previous residence addresses for the past two years, the home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining.

(b)   The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer, and an “intent to hire” statement from an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this Code, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.

(c)   A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:

(1)   a felony act within five years immediately preceding the application, or

(2)   a misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substance Act or other statutes or ordinances, or any other comparable violation of the laws of this state or of any other state.

(d)   Fingerprints and photographs shall be taken by the Osawatomie Department of Public Safety of the applicant and the Osawatomie Department of Public Safety shall process and retain the copies.

(e)   The applicant shall present to the City Clerk for copying documentation that the applicant has attained the age of 18 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:

(1)   a motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;

(2)   a state-issued identification card bearing the applicant’s photograph and date of birth;

(3)   an official and valid passport issued by the United States of America;

(4)   an immigration card issued by the United States of America;

(5)   any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or,

(6)   any other form of identification deemed reliable by the City Clerk.

Failure to provide the information required by this subsection shall constitute an incomplete application and shall not be processed.

(Ord. 3482, Art. 3, Sec. 2; Code 2008)

Upon receipt of a complete application for an adult entertainment business or for an adult entertainment manager, server or entertainer license, the City Clerk shall immediately transmit one copy of the application to the Planning Commission for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Chief of Police, Osawatomie Department of Public Safety. 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 applicant is qualified to be issued the license. The Chief of Police shall report the results of the investigation, excluding appropriately restricted criminal history record information data, together with a recommendation that the applicant does or does not meet the eligibility criteria, to the City Clerk no later than thirty working days from the date the application is received by the Osawatomie Department of Public Safety. It shall be the duty of the Planning Commission to determine whether the structure where the adult business shall be conducted complies with the entertainment business or for an adult entertainment business manager, server or entertainer license shall be approved or disapproved within 4.5 days from the date of filing of a completed application with the clerk’s office. The applicant shall be notified in writing of the date when the City will consider the application.

(Ord. 3482, Art. 3, Sec. 3; Code 2008)

(a)   If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee; the Governing Body of the City of Osawatomie shall examine the application, and if the applicant is qualified, the City shall approve a license as provided in this Code; provided that, a license shall not be approved to any person who is found to be ineligible to hold such license pursuant to Section 5-108.

(b)   The minutes of the meeting of the governing body of the City shall record the action taken on the application, and if the license is granted, the City Clerk shall issue the proper license. The license shall state that: the license is not transferable to other persons; the license is valid only for the location identified on the license; the license is restricted to the type and purpose designated on the license; and the license is valid for a period of 12 months from the date of issuance, as specified on the face of the license. A license for an adult entertainment business manager, entertainer, or server shall also display the current photograph of the license holder. The License shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.

(c)   If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail sent to the applicant’s last known address, and the notification shall state the basis for such disapproval.

(Ord. 3482, Art. 3, Sec. 4; Code 2008; Code 2018)

No person shall be eligible to receive or hold nor shall a license be issued to:

(a)   An adult entertainment business applicant if one or more of the following conditions exist:

(1)   The premises is located within 1000 feet of a school, church, or licensed child care center. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s enterprise to the nearest point on the to the nearest point on the property line of such other adult entertainment business;

(2)   The applicant failed to supply all of the information requested on the application;

(3)   The applicant gave materially false, fraudulent or untruthful information on the application;

(4)   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 codes of the City; provided however, that upon a showing that the premises meets the requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body of the City of Osawatomie;

(5)   The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Sections 5-104 or 5-105 during the time period specified in those sections;

(6)   The applicant has had an adult entertainment license revoked or suspended in this or any other City or County during the past five years.

(b)   An application for an adult entertainment manager, server or entertainer if one or more of the following conditions exist;

(1)   The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in subsection (a) above;

(2)   The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 5-105 during the time period specified in that section;

(3)   The applicant failed to provide all of the information required on the application;

(4)   The applicant gave materially false, fraudulent or untruthful information on the application;

(5)   The applicant has had an adult entertainment manager, server or entertainer license revoked or suspended in this or any other City or County during the past five years.

(Ord. 3482, Art. 4; Code 2008; Code 2018)

(a)   Age restriction. Only persons 18 years of age or older shall be permitted on the premises of any adult entertainment business.

(b)   Exterior Observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or other physical barrier on all customer entrances, that will ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows shall be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer shall be covered so as to prevent observation of the interior of the premises from the exterior of the building.

(c)   Exterior Display. No adult entertainment 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 “specified sexual activities” or “specified anatomical areas”, as defined in this Code, from any exterior source by display, decoration, sign, show window or other opening.

(Ord. 3482, Art. 5; Code 2008)

(a)   No employee, server or entertainer, nor any customer or patron, shall perform any specified sexual activities as defined in this Code, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined in this Code, or participate in any act of prostitution.

(b)   No employee, server, entertainer or patron of an adult entertainment 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.

(c)   No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.

(d)   No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:

(1)   Knowingly permit alcoholic liquor or cereal malt.

(2)   knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or,

(3)   knowingly allow or permit a violation of this Code or any other City regulation or state law.

(Ord. 3482, Art. 6; Code 2008)

No employee, server, customer, patron, or other person, other than an entertainer as provided in Section 5-112, shall appear in an adult entertainment business or establishment while nude, unclothed, in less than opaque attire, or otherwise in any fashion that exposes to view to any other person any specified anatomical area, as defined in this Code.

(Ord. 3482, Art. 7, Sec. 1; Code 2008)

No entertainer, licensed or subject to licensing under the provisions of this Code, shall appear or perform in any adult entertainment business or establishment while nude, unclothed, in less than opaque attire or costume, or otherwise in any fashion that exposes to the view of any other person any of the specified anatomical areas, as defined in this Code, except under the following conditions and restrictions:

(a)   during the actual performance of an act, routine, dance, or similar entertainment display and the entertainer performs solely upon a stage, platform, or other area which is raised at least two feet above the primary level of the customer floor; and

(b)   the entertainer is separated from the customers by a physical barrier which effectively prevents the customers from touching the entertainer and which establishes a minimum distance of three feet between any customer and the entertainer; and

(c)   the entertainer does not perform at a spatial distance of less than three feet from any and all customers and patrons; and

(d)   there is a sign conspicuously posted and clearly observable by the customers and patrons which states, “PATRONS ARE PROHIBITED FROM BEING UPON ANY PORTION OF THE STAGE OR ENTERTAINMENT AREA WHERE THE ENTERTAINER IS PERFORMING AND ARE PROHIBITED FROM TOUCHING THE ENTERTAINER IN ANY MANNER”

Whenever the entertainer ceases to perform or leaves or is not upon the stage or entertainment area, then he or she shall be subject to fully comply with the prohibitions of 5-111.

Uppercase letters shall be at least two inches high, and lowercase letters at least one inch high, which shall read as follows:

       THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE GOVERNMENT OF THE CITY OF OSAWATOMIE, KANSAS

       ENTERTAINERS ARE:

       Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch 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 the entertainer.

       Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breast below the top of the areola, or any portion of the pubic region, buttocks and or genitals, unless upon a stage at least two feet above the customer floor and a sufficient distance from the customers to prevent the customer from touching the entertainers.

       Not permitted to demand or collect any payment or gratuity from any customer for entertainment:

       CUSTOMERS ARE:

       Not permitted to be upon the stage at any time.

       Not permitted to touch, caress or fondle the breast, pubic region, buttocks, or genitals of any employee, server or entertainer or to engage in solicitation for prostitution.

(Ord. 3482, Art. 7, Sec. 2; Code 2008)

The premises of all adult entertainment businesses shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot-candle as measured at floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.

(Ord. 3482, Art. 8, Sec. 2; Code 2008)

The premises of all adult entertainment businesses shall be physically arranged in such 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 on any day other than a Sunday when the business may not be open between the hours of 12:00 midnight and 12:00 noon.

(Ord. 3482, Art. 8, Sec. 3; Code 2008)

(a)   Every person, corporation, partnership, or association licensed under this Code as an adult entertainment business shall post such licenses in a conspicuous place and manner on the adult entertainment facility premises.

(b)   Every person holding an adult entertainment server, manager or entertainer license shall post his or her license in his or her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Code.

(Ord. 3482, Art. 8, Sec. 6; Code 2008)

(a)   An adult entertainment manager shall be on duty at an adult entertainment business at all times the premises is 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 adult entertainer’s license or an adult entertainment servers license and that such licenses are prominently posted.

(Ord. 3482, Art. 8, Sec. 7; Code 2008)

All adult entertainment businesses shall permit representatives of the Osawatomie Department of Public Safety or any other City official acting in their official capacity to inspect the premises as necessary to ensure that the business is complying with all applicable regulations and laws.

(Ord. 3482, Art. 9; Code 2008)

Whenever the City Clerk has information that:

(a)   The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Code; obtained through false statements in the application for such license, or renewal thereof; or

(b)   The adult entertainment business license or the adult entertainment manager, server or entertainer license has been materially altered or defaced or is being or was used by a person other than the license holder or at a location other than that identified on the license or for a use or type other than that for which the license was issued; or

(c)   The adult entertainment business licensee or the adult entertainment manager, server or entertainer licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or

(d)   The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 5-108; or

(e)   The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 5-105,

then the City Clerk shall make this information known to the Governing Body of the City, which shall, upon five days written notice to the person holding the license, conduct a hearing to determine whether the license should be suspended or revoked. The City may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the City may take any of the following actions: (1) Suspend the license for up to ninety days; or (2) Revoke the license; or (3) Place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the Code occur during the period of probation.

(Ord. 3482, Art. 10; Code 2008; Code 2018)

(a)   As license may be renewed by making application to the City Clerk on application forms provided for that purpose. Any license issued under this Code shall expire as of the end of the 12 month period from the date of its issuance, and renewal applications for such licenses shall be submitted no sooner than 45 days prior to expiration and no later than the City business day immediately preceding the date of expiration of the license.

(b)   Upon timely and proper application for renewal.

(Ord. 3482, Art. 11; Code 2008)

It shall be unlawful for any person to fail to comply with any provision of this Code or to perform or commit any act prohibited by this Code, and the commission of any prohibited act or the failure or refusal to comply with any requirement of this Code shall be and hereby is declared to be a violation, and each separate act or event shall be and constitute a separate violation.

(Ord. 3482, Art. 12, Sec. 1; Code 2008)

Any person who violates any provision of this Code shall be guilty of a Class B misdemeanor, and, upon conviction, shall be punishable by a fine in an amount not less than $250.00 and not to exceed $1,000.00, or imprisonment in the County Jail for a period not to exceed six months, or both.

(Ord. 3482, Art. 12, Sec. 2; Code 2008)

Should any court declare any section, subsection, portion, sentence, clause or other provision or subdivision of this Code to be unconstitutional or otherwise void, such decision shall affect only that specific part and shall not affect any other section, provision or part of this Code or Ordinance.

(Ord. 3482, Art. 13; Code 2008)