No person shall perform tattooing or body piercing within the corporate limits of the city, or do any of the acts referred to in K.S.A. 65-1941, unless such person:

(a)   Has an unexpired, unrevoked license pursuant to the provisions of K.S.A. 65-1940 et seq.;

(b)   Applies for and receives a city business license pursuant to the provisions of Chapter 5 (Business Regulations), Article I(General Regulations and Licenses); and pays an annual city license fee in the sum of $250.00.

(Ord. 2010; Code 2022)

(a)   No person shall engage in the business of operating a massage salon within the corporate limits of the city without having an unexpired, unrevoked license therefor issued by the city clerk, and no owner, operator or employee of any such operator of a massage salon shall perform any duty in connection with the operation of such business unless having obtained a license as provided by this article;

(b)   All licensees under this section shall take a physical examination by a licensed physician the costs for such examination to be paid by the applicant and the results of such examination to be filed with the city clerk.

(c)   All places of business licenses under this section shall be open to the public and the police department at all times during business hours.

(d)   The licensee in the operation of a licensed business as provided by this section shall at all times comply with all of the sanitary and health requirements rules and regulations of the health department and of all ordinances of the city and laws of the state.

(e)   It shall be unlawful for any persons licensed under the provisions of this section or any employee working in any establishment licensed under this section to give treatment or massages to persons of the opposite sex.

(f)   Licensed chiropractors and osteopaths, public hospitals, any person who is a member in good standing with the American Massage and Therapy Association, the International Myomassethics Federation, Inc., the National Certification Board for Therapeutic Massage and Bodywork or other, comparable nationally recognized organization while engaged in the practice of massage therapy as recognized by these organizations, shall be deemed qualified to give massage treatments and shall be exempt from the provisions of this Section.

(g)   Any person desiring to secure a license under the provisions of this section shall make application therefor as provided in Chapter 5 (Business Regulations), Article 1 (General Regulations and Licenses) and shall pay an annual city license fee in the sum of $250.00.

(h)   No license required by this section shall be issued until the chief of police shall have investigated and reported his findings and shall have determined that the applicant has met all requirements and is qualified to operate or pursue the business for which the license is desired, and shall have approved such application.

(Ord. 2010; Ord. 2080; Code 2022)

(a)   For the purpose of this section, the following words and phrases shall have the following meanings unless otherwise clearly indicated by the context:

(1)   “Adult entertainment establishment” means an establishment which as one of its principal business purposes offers for sale or rental, for any form of consideration, any one or more of the following: books magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”;

(2)   “Specified anatomical areas” means: (A) less than completely and opaquely covered (B) human genitals, (C) pubic region. (D) anal cleft or cleavage of the buttocks. Or (E) female breasts below a point immediately above the top of the areola and (B) human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(3)   “Specific sexual activities” means: (A) human genitals in a state of sexual stimulation or arousal; (B) acts of human masturbation, sexual intercourse or sodomy; and (C) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts with the intent to arouse or gratify the sexual desires of the customer;

(4)   “Person” means any person, partnership or corporation or joint venture;

(5)   “Operator” means any person operating, conducting or maintaining an adult entertainment establishment; and

(6)   “Morals charge” includes those charges involving prostitution, pimping or promoting prostitution, indecent exposure, illegal use, possession or sale of narcotic or non-narcotic drugs, sodomy, lewd and lascivious behavior, sexual battery, indecent liberties with a child, incest, bigamy and crimes against nature.

(b)   No adult entertainment establishment shall be operated or maintained in the city without first obtaining a license to operate issued by · the city. No person shall engage in the business of operating an adult entertainment establishment within the corporate limits of the city without having an unexpired, unrevoked license therefor issued by the city clerk and no owner, operator or employee of any such operator of an adult entertainment establishment shall perform any duty in connection with the operation of such business unless having obtained a license as provided by this article.

(c)   Any person desiring to secure a license under the provisions of this section shall make application therefor as provided in Chapter 5 (Business Regulations), Article 1 (General Regulations and Licenses) and shall pay an annual city license fee in the sum of $250.00.

(d)   To receive a license to operate an adult entertainment establishment, applicants must meet the following standards:

(1)   If the applicant is an individual (A) the applicant must be at least eighteen years of age: and (B) the applicant shall not have been convicted of or pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any morals charge as defined herein in any jurisdiction within the last five years immediately preceding the date of the application.

(2)   If the applicant is a partnership, joint venture, corporation or any other type of organization where two or more persons have a financial interest: (A) All persons having a financial interest in the partnership, joint venture or any other type of organization shall be at least eighteen years of age. Financial interest in a corporation includes any officer or director of the corporation and any stockholder holding more than five percent of the stock of a corporation (B) No person having a financial interest in the partnership, joint venture, corporation or other type of organization shall have been convicted of or pleaded nolo contenders to, or participated in a diversion program after having been charged with a felony or any morals charge within the immediate five years preceding the date of the application.

(e)   Every operator or employee of an adult entertainment establishment shall comply with the following regulations and the failure to comply with the regulations shall be unlawful:

(1)   No person under the age of eighteen shall be employed in or around an adult entertainment establishment.

(2)   No person under the age of eighteen shall be permitted to enter or remain in an adult entertainment establishment.

(3)   No persons shall be knowingly employed in or around an adult entertainment establishment who within one year prior to employment was released from probation from a conviction for a crime of or participated in a diversion agreement after being charged with a moral charge or a felony.

(4)   Every adult entertainment establishment and every person employed by the establishment in the conduct of his or her business shall admit to any and every part of the premises designated in the license at any time any law enforcement officer or official of the city or its police department authorized by the chief of police for inspection of the premises to assure compliance with the regulations of the city.

(5)   Every adult entertainment establishment must maintain for inspection a list of all employees providing services directly related to the operation of the establishment including their date of birth, race, sex, and social security number.

(f)   No alcohol, liquor or cereal malt beverage shall be sold or consumed on the premises of an adult entertainment establishment.

(g)   No license shall be granted for an adult entertainment establishment, which is located within five hundred feet of a church, public or parochial school, public park, residential zoning district, or any other adult entertainment establishment.

(h)   Should a licensed establishment cease to be used for such purpose for a period of ninety days or more, then and in that event the existing license shall be deemed to expire at twelve a.m., noon, on the 91st calendar day of non-use. In no event shall this provision be construed to extend the term of a license issued under this section.

(i)    The chief of police after actual service of ten days’ written notice to the person holding a license for an adult entertainment establishment pursuant to this section, shall have the authority to suspend such license for a period not to exceed thirty days, for any violation of the provisions of this section or other ordinances or statutes regulating conduct in adult entertainment establishments; provided, however that the licensee may appeal such order of suspension to the city council within seven days from the date of such order. The city council after actual service of ten days’ written notice to the person holding a license for an adult entertainment establishment pursuant to this section may permanently revoke such license for any of the following reasons:

(1)   If the licensee has fraudulently obtained the license by giving false information in the application therefor;

(2)   If the licensee, manager, operator, or employee has violated any of the provisions of this article;

(3)   If the licensee has become ineligible to obtain a license under this chapter;

(4)   The nonpayment of any license fees payable hereunder; or

(5)   For knowingly employing a person who has been, within one year prior to the date of employment, or who during the period of employment is adjudged guilty of or participated in a diversion agreement after being charged with a felony or a morals charge, or within one year prior to employment has been released from probation from a felony or a morals charge.

(j)    Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment.

(Ord. 2010; Code 2022)