The Governing body members and City staff have conducted an extensive review of available reports and studies concerning the detrimental secondary effects associated with adult businesses. The secondary effects reports and studies that have been reviewed include the following:
Summaries of Key Reports Concerning the Negative Effects of Sexually Oriented Businesses, Louis F. Comus III; Adult Business Study, Phoenix, AZ (1979); Police Memorandum, Tucson, AZ (1990); Relationship Between Crime and Adult Business Operations, Garden Grove, CA (1991); Effects of the Concentration of Adult Entertainment Establishments, Los Angeles, CA (1977); Amendment to Zoning Regulations, Whittier, CA (1978); Adult Entertainment Business, Indianapolis, IN (1984); Relationship Between Adult Entertainment Establishments, Crime and Housing Values, Minneapolis, MN (1980); Adult Entertainment, Saint Paul, MN; City Commission Minutes, Las Vegas, NV; Police Department Report, Cleveland, OH (1977); A Survey of Real Estate Appraisers, Oklahoma City, OK (1986); Secondary Impacts of Sex Oriented Businesses, Philadelphia, PA (1996); A Report on Zoning and Other Methods of Regulating Adult Entertainment, Austin, TX (1986); Report on Adult Oriented Businesses, Austin, TX (1986); Report on the Regulation of Adult Uses, Beaumont, TX (1982); Why and How Our City Organized a Joint County-Wide Sexually Oriented Businesses Task Force, Cleburne, TX (1997); Effects of Adult Entertainment Businesses on Residential Neighborhoods, El Paso, TX (1986); Sexually Oriented Business Ordinance Revision Committee Legislative Report, Houston, TX (1997); Adult Use Study, Newport News, VI (1996); Proposed Land Use Code Text Amendment – Adult Cabarets, Seattle, WA (1989); Report on Commercial Sexual Exploitation of Children in the U.S. (2001); An Insider’s View of Sexually Oriented Businesses, Testimony of David Sherman (2000); Strip Clubs According to Strippers: Exposing Workplace Sexual Violence; Nude Entertainment Study, Adams County, CO (1988); Adult Entertainment Study, Manatee County, FL (1987); Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, State of Minnesota (1989); A Report Prepared by the City of Las Vegas, NV (1978); Adult Business Study, Ellicottville, NY (1998); Study & Recommendations for Adult Entertainment Businesses, Islip, NY (1980); Adult Entertainment Study, New York, NY (1994); Secondary Effects of the Concentration of Adult Use Establishments, Times Square, NY (1994); Regulation of Adult Entertainment Establishments, New Hanover County, NC (1989); Effects of Adult Entertainment Businesses on Residential Neighborhoods; An Analysis of the Effects of Sexually Oriented Businesses on the Surrounding Neighborhoods, Dallas, TX (1997); Adult Use Study, Des Moines, WA (1984); Regulation of Adult Entertainment Establishments, St. Croix County, WI (1993); Location of Adult Entertainment Uses, Bellevue, WA (1988); Quality of Life: A look at Successful Abatement of Adult Oriented Business Nuisances in Oklahoma City, OK (1992); Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses (1996); Adult Use Study, Kansas City, MO (1998).
The City Attorney reviewed court cases regarding the regulation of adult businesses that have discussed the detrimental secondary effects associated with such businesses and advised the Governing Body as to the rationale for the holdings in such court cases. Among the court cases reviewed and relied upon in the enactment of this Article are the following.
United States Supreme Court Cases: City of Littleton v. Z.J. Gifts D-4 L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Schad v. Borough of Mount Ephraim, 452 U.S. 61 (1981); Young v. American Mini-Theatres, 427 U.S. 50 (1976); and California v. LaRue, 409 U.S. 109 (1972). Tenth Circuit U.S. Court of Appeals Cases: Doctor John’s, Inc. v. City of Roy, 465 F.3d 1150 (10th Cir. 2006); The Tool Box v. Ogden City Corporation, 355 F.3d 1236 (10th Cir. 2004); Heideman v. South Salt Lake City, 348 F.3rd 1182 (10th Cir. 2003); Z.J. Gifts D-4, L.L.C. v. City of Littleton, 311 F.3rd 1220 (10th Cir. 2002); Essence, Inc. v. City of Federal Heights, 285 F.3rd 1272 (10th Cir. 2002); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3rd 683 (10th Cir. 1998); Dodger’s Bar & Grill, Inc. v. Johnson County Board of County Commissioners, 98 F.3rd 1262 (10th Cir. 1996); Dodger’s Bar & Grill, Inc. v. Johnson County Board of County Commissioners, 32 F.3rd 1436 (10th Cir. 1994); and M.S. News Company v. Casado, 721 F.2d 1281 (10th Cir. 1983). United States District Court for the District of Kansas Case: Abilene Retail #30, Inc. v. Dickinson County Board of County Commissioners, 402 F.Supp.2d 1285 (D. Kan 2005). Other U.S. Circuit Court Cases: Deja Vu of Nashville, Inc. v. Metropolitan Government of Nashville & Davidson County, 466 F.3rd 391 (6th Cir. 2006) (Deja Vu III); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3rd 546 (5th Cir. 2006); 181 South, Inc. v. Fischer, 454 F.3rd 228 (3rd Cir. 2006); Deja Vu of Nashville, Inc. v. Metropolitan Government of Nashville & Davidson County, 421 F.3rd 417 (6th Cir. 2005) (Deja Vu II); Deja Vu of Cincinnati, L.L.C. v. Union Township Board of Trustees, 411 F.3rd 777 (6th Cir. 2005); Dream Palace v. County of Maricopa, 384 F.3rd 990 (9th Cir. 2004); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3rd 1186 (9th Circ. 2004); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3rd 631 (7th Cir. 2004); Center for Fair Public Policy v. Maricopa County, 336 F.3rd 1153 (9th Cir. 2003); N.W. Enterprises, Inc. v. City of Houston, 352 F.3rd 162 (5th Cir. 2003); SOB, Inc. v. County of Benton, 317 F.3rd 856 (8th Cir. 2003); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3rd 702 (7th Cir. 2003); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3rd 471 (5th Cir. 2002); LLEH, Inc. v. Wichita County, 289 F.3rd 358 (5th Cir. 2002); Deja Vu of Nashville, Inc. v. Metropolitan Government of Nashville & Davidson County, 274 F.3rd 377 (6th Cir. 2001) (Deja Vu I); BZAPS, Inc. v. City of Mankato, 268 F.3rd 603 (8th Cir. 2001); Allno Enterprises, Inc. v. Baltimore County, 10 Fed.Appx. 197, 2001 WL 589423 (4th Cir. 2001) (unpublished opinion); Schultz v. City of Cumberland, 228 F.3rd 831 (7th Cir. 2000); Artistic Entertainment, Inc. v. City of Warner Robbins, 223 F.3rd 1306 (11th Cir. 2000); Wise Enterprises, Inc. v. Unified Government, 217 F.3rd 1360 (11th Cir. 2000); Diamond v. City of Taft, 215 F.3rd 1052 (9th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3rd 1251 (11th Cir. 1999); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3rd 1358 (11th Cir. 1999); Farkas v. Miller 151 F.3rd 900 (8th Cir. 1998); Richland Bookmark, Inc. v. Nichols, 137 F.3rd 435 (6th Cir. 1998); Ben Rich Trading, Inc. v. City of Vineland, 126 F.3rd 155 (3rd Cir. 1997); DLS, Inc. v. City of Chattanooga, 107 F.3rd 403 (6th Cir. 1997); TK’s Video, Inc. v. Denton County, 24 F.3rd 705 (5th Cir. 1994); Mitchell v. Commission on Adult Entertainment Establishments, 10.F.3rd 123 (3rd Cir. 1993); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986).
A. Legislative determination. The Governing Body hereby declares as a matter of legislative determination that:
1. Adult businesses require special supervision from the Ottawa Police Department in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of Ottawa.
2. Adult businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.
3. Allowing or providing such activities creates conditions that generate prostitution, disorderly conduct, fights, drug dealing and usage, infiltration of other criminal activities into the premises, and adversely affects public health by the transfer of contagious or communicable diseases, all of which require a significant and disproportionate allocation of law enforcement resources.
4. The concern over sexually transmitted diseases is a legitimate health concern of the City of Ottawa which demands reasonable regulation of adult businesses in order to protect the health and well-being of the citizens.
5. Employees of adult businesses have been convicted of prostitution and other crimes against public morals and crimes involving moral turpitude in adult businesses.
6. Motels which permit rental of rooms for ten hours or less foster and facilitate prostitution and increase the likelihood of the proliferation of contagious and communicable diseases.
7. Permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
8. There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and downgrading of property values.
9. Adult businesses, due to their nature, have operational characteristics which contribute to urban blight and downgrade the quality of life in the adjacent area.
10. Except for adult cabarets, in those types of adult businesses in which patrons, seminude or scantily clad employees, other entertainers or models come in actual or close contact with patrons and with one another, the sale and consumption of cereal malt beverages and alcoholic liquor should be prohibited since the number and degree of crime and activities set out in subparagraphs (1)-(3) and (5) hereinabove increase and further endanger public health, safety, and welfare and require increased law enforcement and an even greater disproportion of law enforcement and administrative inspections and resources.
11. The Governing Body desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight.
12. Because of increased administrative costs incurred by the City Clerk’s office and the Ottawa Police Department and because of the building and health inspections required by the licensing and enforcement processes, the license fees for such establishments and for the entertainers and employees must be set in a reasonable amount to offset the cost to the City so that as far as reasonably possible the costs incurred are borne by the adult businesses, entertainers, and employees and not subsidized by the taxpayers.
13. Businesses allowing the sale and consumption of alcoholic liquor or cereal malt beverages on the premises frequently are the scene of disturbances, disorderly conduct and other criminal activity. Furthermore, case law and studies have established that the sale and consumption of alcoholic liquor or cereal malt beverages on the premises of an adult business will increase criminal behavior on the premises and create undesirable community conditions, including depression of property values in the surrounding neighborhood, increased expenditures for the allocation of law enforcement personnel to preserve law and order, an increased burden on the judicial system as a consequence of the criminal behavior and the acceleration of community blight, thereby exacerbating the adverse secondary effects associated with such businesses.
14. It is necessary to license entertainers in the adult entertainment business to prevent the exploitation of minors, to ensure that each such entertainer is an adult, to ensure that each such entertainer has not assumed a false name which would make regulation of the entertainer difficult or impossible, and to ensure that such entertainers are not involved in criminal activity.
15. It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees.
16. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment business in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the City to effectively protect the public health, safety and general welfare of its citizenry, it is important that the City be fully apprised of the actual ownership of adult entertainment establishments.
17. The harmful secondary effects of adult businesses are more pronounced when conducted continuously or during late night hours, and limiting the hours of operation of such businesses will enable law enforcement to concentrate its limited resources for those business hours.
18. Certain employees of unregulated adult businesses engage in a higher incidence of illicit sexual behavior than employees of other establishments; further, an applicant for an adult business or employee license that has been convicted of a sexually-related crime is likely to engage in that behavior again in the future, and preventing such a person from opening or working at an adult business for a specified period of time will help to reduce the chance that such crimes will occur at the business.
B. The secondary effects of the activities defined and regulated in this Article are detrimental to the public health, safety and general welfare of the citizens of the City, and therefore, such activities must be regulated as provided in this Article.
C. It is the purpose of this Article to promote, protect, and secure the general welfare, health, and safety of the citizens of Ottawa and to preserve and protect the quality of life by all citizens and especially minors by regulating the secondary effects of such businesses. It is not the intent of this Article to suppress any speech activities protected by the First Amendment, but to enact content neutral regulations which address the secondary effects of sexually oriented businesses. Finally, it is not the intent of this Article to legislate with respect to matters of obscenity, as obscenity is regulated by state law.
(Code 2015)
For the purpose of this Article, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:
Adult Business means any
business:
A. 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
B. That has as one of its regular and
substantial business purposes:
1. 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
2. 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.
The definition of “Adult Business” also
includes but is not limited to any and all of the following specific Adult
Businesses: adult bookstore, adult video store or adult retail establishment;
adult motion picture theater; adult live entertainment business; adult modeling
studio; adult motel; bathhouse; body painting studio. The definition of “Adult Business” does not
include, and this Article shall not apply to, a theater, concert hall, art
center, museum, or similar establishment which is primarily devoted to the arts
or theatrical performances and in which any of the circumstances covered by the
definition of “Adult Business” were permitted or allowed as part of such art
exhibits or performances.
Adult bookstore, adult video store, or adult news rack: Any establishment that devotes a substantial portion of its business to the display, barter, rental, or sale of the following:
A. Books, magazines, periodicals, pictures, photographs, motion pictures, films, records, audiotapes, videotapes, slides, or other forms of visual or audio representations or other printed matter, if such establishment is not open to the public generally 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 sexual activities or specified anatomical areas.
B. Sexually-oriented toys or novelties.
For purposes of this definition, it shall be presumed that a “substantial or significant portion” of a business is devoted to the display, barter, rental or sale of such items if:
1. 25 percent or more of the exchanges, rentals or sales, measured in dollars over any consecutive 90-day period, is derived from such items; or
2. 25 percent or more of the number of transactions, measured over any consecutive 90-day period, relate to such items; or
3. 25 percent or more of the dollar value of all merchandise displayed at any time is attributable to such items; or
4. 25 percent or more of all inventory consists of such items at any time; or
5. 25 percent or more of the merchandise displayed for sale consists of such items at any time; or
6. 25 percent or more of the floor area of the business (not including storerooms, stock areas, restrooms, basements or any portion of the business not open to the public) is devoted to such items at any time.
This presumption shall be rebuttable.
Adult live entertainment business: Means:
(1) an establishment where a regular and substantial portion of its business is providing live “Adult Entertainment” that (i) is intended to provide sexual stimulation or sexual gratification to the “Entertainer,” an “Employee” or any patrons of the business, or (ii) is distinguished by or characterized by an emphasis on matter simulating, describing or relating to “Specified Anatomical Areas” or the simulation of “Specified Sexual Activities”; or
(2) an establishment which regularly features entertainment of an erotic nature including exotic dancers, strippers, or similar Entertainers appearing “Semi-Nude.”
Adult model studio or modeling studio: Any establishment open to the public which for any form of consideration or gratuity paid to or received by either the proprietor or model features, provides, or permits models who appear nude or partially nude or who display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, or photographed. This definition shall not apply to any school of arts which is operated by an individual, firm, association, partnership, corporation, or institution and which is licensed by the State of Kansas and complies with all regulations and laws of the State of Kansas for such schools and is authorized thereunder to issue and confer a diploma.
Adult motel: Any motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or a motel permitting room rentals for less than ten hours.
Adult motion picture theater: Means an enclosed building with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to “Patrons” of motion picture films, video cassettes, DVDs, cable television, or any other such visual media, which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas.”
Bathhouse: A facility which maintains and operates for compensation any services of baths of all kinds, including all forms and methods of hydrotherapy except such establishments which operate by or under the supervision of a medical practitioner licensed by the State of Kansas, a hospital, clinic, nursing home, or in connection with a physical therapist licensed by the State of Kansas.
Body painting studio: A facility maintaining, operating, and offering any services for compensation of applying paint or other substance, whether transparent or non-transparent, to or on the human body by any means of application, technique, or process when such body is wholly or partially nude or displays specified anatomical areas.
Contagious and communicable diseases: Any disease which is set out in Kansas Department of Health and Environment regulations, K.A.R. 28-1-6 and amendments thereto, and acquired immune deficiency syndrome.
Crime against public morals or offense of moral turpitude: Any charges involving prostitution, pimping, lewd and lascivious behavior, gambling, possession or sale of narcotics, marijuana, or any “controlled substances” as that term is defined in Chapter 65, Article 41, of the Kansas Statutes Annotated (K.S.A. 65-4101 et seq.), indecent exposure, incest, and sex or moral crime involving, against, or with minors.
Distances: Specified herein shall be measured in a straight line from the nearest point on the building or structure housing the adult business to the nearest point on any property of any business, activity, or zoning district identified herein.
Employee: Any and all persons, including caterers, guards, doormen, waiters, waitresses, dancers, managers, assistant managers, operators, independent contractors and licensees, who work in or at or render any services directly related to the operation of an adult business.
Entertainer: Any person who provides entertainment within an adult entertainment business as defined in this Article whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
Entertainment: Any exhibition, performance, display, or dance of any type, removal of articles of clothing, pantomime, modeling, or any other personal service offered for amusement.
Establishing an adult business: Includes any of the following:
A. The opening or commencement of any such business as a new business;
B. The conversion of an existing business, whether or not an adult business, to any of the adult businesses as defined in this Article;
C. The addition of any of the adult businesses defined herein to any other existing adult business; or
D. The relocation of any such business.
Governing body: The Ottawa City Commission.
Offense of moral turpitude: See crime against public morals.
Operator: Any person, partnership, or corporation operating, conducting, maintaining, or in charge of operating an adult business.
Patron: Any person who utilizes or receives the services of any adult business subject to the provision of this Article and under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefore.
Premises: The premises of such licensed establishment and such other areas under the control of the licensee that are in such close proximity to the licensed premises that activities and conduct of employees or entertainers within such other areas may be viewed by persons on or within the licensed premises.
Public morals: See crime against public morals.
Recognized school: Any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than 70 hours to be given in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
Semi-Nude: Means a state of dress in which clothing or other material completely or opaquely covers no more than any human genitals, pubic region, any buttock, or any portion of the areola of the female breast.
Specified anatomical areas: Any one of the following: Less than completely and opaquely covered human genitals, pubic region, pubic hair, buttocks, anus, any portion of the areola of the female breast, or human male genitals in a discernible turgid state even if completely or opaquely covered.
Specified sexual activities: Any one of the following:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts or representations of acts of human masturbation, sexual intercourse, sodomy, bestiality, oral copulation, or flagellation;
C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast; or
D. Excretory functions as a part of or in connection with any activities set forth in (1) through (3) above.
Specified criminal act: Entrance into a diversion program or a conviction, plea of nolo contendere or no contest to:
A. A criminal violation of this Article;
B. Any of the offenses defined in Chapter 21, Article 35, of the Kansas Statutes Annotated;
C. Incest as defined in Chapter 21, Article 36, of the Kansas Statutes Annotated;
D. Aggravated incest as defined in Chapter 21, Article 36, of the Kansas Statutes Annotated;
E. Bribery as defined in Chapter 21, Article 39, of the Kansas Statutes Annotated;
F. Promoting obscenity as defined in Chapter 21, Article 43, of the Kansas Statutes Annotated;
G. Promoting obscenity to minors as defined in Chapter 21, Article 43, of the Kansas Statute Annotated;
H. Promotion to minors of obscenity harmful to minors as defined in Chapter 21, Article 43, of the Kansas Statutes Annotated.
I. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
J. Any of the foregoing offenses under an analogous regulation or statute of the United States Code Annotated or of a state other than Kansas or under an analogous ordinance of another county, city, or similar jurisdiction other than the City of Ottawa.
If necessary, the City Attorney shall issue an interpretive ruling determining whether a crime from another State or jurisdiction is analogous to a crime under Kansas law or ordinances of the City of Ottawa.
Sexually-Oriented Toys or Novelties means instruments, devices or paraphernalia which either depict representations of “Specified Anatomical Areas” or are designed or marketed for use in connection with “Specified Sexual Activities.” 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 item;
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 the use of the item;
D. Evidence of advertising concerning the nature of the business establishment;
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; and
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 Attorney 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 Chief of Police and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested.
Transfer of ownership or control: Any of the following:
A. The sale, lease, or sublease of an adult business;
B. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.
(Code 2015; Ord. 4150-24)
A. From and after the effective date of this Article, no adult business shall be operated on property within the jurisdiction of the City of Ottawa unless the owner or lessee thereof has obtained a license from the City. Each license shall be valid only from January 1 to December 31 of each calendar year.
B. A license may be issued only for one adult business, located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult business must have a separate application and license for each.
C. No license or interest in a license may be assigned, sold, or transferred.
D. Transfer of ownership or control of an adult business shall automatically and immediately act as a revocation of the license.
E. It shall be unlawful for any entertainer, operator, model, or employee of any kind to knowingly work in or about or to knowingly perform any service directly related to the operation of any unlicensed adult business.
F. Any existing adult businesses subject to the jurisdiction of the City of Ottawa, Kansas at the time of the passage of this Article must submit an application for a license by December 31, 2007.
(Code 2015)
A. Any person, partnership, or corporation desiring to secure a license to conduct an adult business shall make verified application in writing. The application shall be filed with and dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the Ottawa Police Department.
B. The application for a license shall be upon a form provided by the City Clerk. All applications shall be submitted in the name of the person or business entity proposing to conduct or operate the adult business. An applicant for a license and all interested persons, including any manager, partner or limited partner of a partnership applicant, any officer or director of the corporate applicant, or any other person who is involved in the day to day operation or management of the business shall furnish the following information under oath:
1. Name, including all aliases, address, telephone number, and social security number.
2. Written proof that the individual is at least 18 years of age.
3. All residential addresses of the applicant for the past three years.
4. The applicant’s sex, height, weight, and color of eyes and hair.
5. The business, occupation, or employment history of the applicant for five years immediately preceding the date of the application.
6. The exact type of adult business being applied for. (No more than one adult business shall be applied for on one application.)
7. The adult business license history of the applicant for the preceding five years; whether such applicant, previously operating in this or any other city, county, or state under such a license, has had a license revoked or suspended, the reason therefore, the business activity or occupation subject to such action of suspension or revocation, and the name of the city, county, or state which revoked or suspended the license.
8. All federal, state, city, or county criminal convictions, forfeiture of bond and pleading of nolo contendere for specified criminal acts, or entry into a diversion program for any offense defined as a specified criminal act, fully disclosing the jurisdiction in which the matter occurred, the offense involved, the circumstances thereof, and the court case number.
9. Fingerprints and two portrait photographs at least two inches by two inches of the applicant(s) involved in the day-to-day operation of the business.
10. The address of the adult business to be operated by the applicant.
11. A map of the area showing the location of the proposed site and the zoning district of the site.
12. A current, complete, and legible floor plan of the business premises and storage areas and defining all areas in which the applicant desires to conduct the business.
13. The length of time the applicant has been a resident of Ottawa, Kansas immediately preceding the date of the application.
14. If the applicant is a corporation, the name of the corporation and the date and state of incorporation, the name and address of the resident agent, a certificate from the Kansas Secretary of State that the corporation is in good standing, a copy of the charter of such corporation, and the latest annual report of the corporation, and a copy of all amendments thereto.
15. If the applicant is a partnership or joint venture, the names and addresses of the partners or members of the joint venture, the name and addresses of the managing partner, and a copy of the articles of partnership, or other similar agreements and all amendments thereto. In the case of a limited partnership, the applicant shall submit a copy of the certificate of limited partnership which was filed with the Kansas Secretary of State and all amendments thereto, a copy of the latest annual report, and the name and address of the resident agent, managing partner, and all general partners.
16. A statement by the applicant that he or she is familiar with the provisions of this Article and is currently operating and will operate in compliance with them.
17. Authorization for the City and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
C. Within 35 days of the filing of the application, the City Clerk shall notify the applicant of the approval or denial of the application.
D. Whenever an application is denied, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within 10 days of receipt of notification of denial, a public hearing shall be held by the City Manager. Such hearing shall be conducted in accordance with the provisions of Section 11-1019 hereof. Any business in existence at the time of the denial of the application shall be allowed to continue operation until the final determination of the City Manager, or any appeal therefrom.
E. Any applicant whose application is denied following a public hearing by the City Manager may seek judicial review pursuant to the provisions of Section 11-1020 hereof.
F. Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her failure to answer all questions on the application or to submit copies of all required documents or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with an investigation required by this Article shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the City.
(Code 2015)
A. To receive a license to operate an adult business an applicant must meet the following standards:
1. If the applicant is an individual:
a. The applicant shall be at least 18 years of age.
b. The applicant must have not been convicted of or pleaded nolo contendere to any specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony, or within two years immediately preceding the application if such specified criminal act constitutes a misdemeanor or city ordinance or county resolution violation.
c. The applicant must not have been subject to an adult business license revocation within two years preceding the current application. Provided, however, revocations for conduct which would not be violative of this Article shall not disqualify the applicant for licensure for an adult business under this section.
d. The applicant must not have an active warrant filed against such person from any federal, state, or city or county law enforcement agency for a specified criminal act.
e. The applicant must not have provided false answers in response to any information requested on the application or failed to provide any information or documentation required.
f. The applicant must submit to the Ottawa Police Department for photographing and fingerprinting, provided, however, that the failure of the Police Department to timely process a request for photographing and fingerprinting shall not be cause for denial of an application.
2. In addition to the requirements set forth in subsection (a)(1) above, if the applicant is a corporation or limited liability company:
a. The corporation or limited liability company must be a Kansas corporation or limited liability company or a foreign corporation or limited liability company authorized to do business in Kansas.
b. All officers, directors, and members required to be named under section 11-1004(b) and who will take an active part in the management and operation of the business shall be at least 18 years of age.
c. At least one officer, director or member shall be and shall have been a resident of the State of Kansas continuously for 30 days immediately preceding the date of the application for a license.
d. Any officer, director or member required to be named under section 11-1004(b):
1. Must not have been subject to an adult business license revocation within two years of the current application.
2. Must not have been convicted of a specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if the specified criminal act constitutes a misdemeanor, city ordinance or county resolution violation.
3. Must not have an active warrant filed against such person from any federal, state, city or county law enforcement agency for a specified criminal act.
4. Must not have provided any false answers in response to any information requested on the application.
3. In addition to the information requests in subsection (a)(1) above, if the applicant is a partnership, joint venture, 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, venture, or other type of organization shall be at least 18 years of age.
b. No person having a financial interest in the partnership, venture, or other type of organization and who will take an active part in the management and operation of the business shall have been convicted of or pleaded nolo contendere to a specified criminal act or have entered into a diversion program for any offense defined as a specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if the specified criminal act constitutes a misdemeanor, city ordinance or county resolution violation.
c. At least one person having a financial interest in the partnership, venture, or other type of organization shall be and shall have been a resident of the State of Kansas continuously for 30 days immediately preceding the date of the application for a license.
d. Any partner, manager, limited partner, or other interested party required to be named under section 11-1004(b):
1. Must not have been subject to an adult business license revocation within two years of the current application.
2. Must not have been convicted of a specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if the specified criminal act constitutes a misdemeanor, city ordinance or county resolution violation.
3. Must not have an active warrant filed against such person from any federal, state, city or county law enforcement agency for a specified criminal act.
4. Must not have provided any false answers in response to any information requested on the application.
B. No license shall be issued if:
1. The correct license fee has not been tendered to the City Clerk and, in the case of a check or bank draft, honored with payment upon presentation;
2. The applicant, if an individual; any of the officers or directors, if the applicant is a corporation; or any members, if the applicant is a limited liability company; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business, has been convicted of any crime which would make any person ineligible to receive a license hereunder.
3. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
4. The applicant has had an adult business or other similar permit or license denied, revoked, or suspended by the City or any other state or local agency within two years preceding the date of the application; or
5. The applicant, if an individual; or any of the officers or directors, if the applicant is a corporation; or any members, if the applicant is a limited liability company; or any of the partners, including limited partners, if the applicant is a partnership; or any persons required to be named under Section 11-1004(b) in any other type of organization; and the manager or other person principally in charge of the operation of the business:
a. Is not over the age of 18 years; and
b. Would be ineligible to receive a license under the provisions of this Article.
c. No license shall be issued unless the Ottawa Police Department has investigated the applicant’s qualifications to be licensed. The results of that investigation shall be filed in writing with the City Clerk no later than 20 days after the date of the application. The City Clerk shall maintain the report of the Police Department as a confidential record and shall not disclose it to any person except the City Manager, the applicant, and such other City officials and employees as the City Manager may designate. If the Police Department fails to provide the report within the 20-day period, the City Clerk shall proceed with consideration of the license application.
(Code 2015)
A. No person shall be an entertainer or employee in an adult business without a valid permit issued by the Ottawa City Clerk. For the purpose of this Article, janitors, bus hops, cooks, or dishwashers shall not be required to obtain an adult business permit. Further, bona fide repairmen or independent contractors, while specifically performing structural repairs or improvements, shall not be required to obtain a permit.
B. All entertainers or employees in an adult business subject to the jurisdiction of the City of Ottawa existing on the date of the passage of this Article must submit an application for a permit within 90 days of the passage and approval of this Article.
C. Every permit issued pursuant to this Article shall terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before the applicant is allowed to act as an entertainer or employee in any adult business.
D. Any entertainer or employee issued a permit under the provisions of this Article, at all times when working in an establishment subject to the provisions of this Article, shall have in his or her possession a valid identification card issued by the City bearing the permit number of the entertainer or employee, his or her physical description, and his or her photograph. Such identification cards shall be laminated to prevent alteration. All persons granted permits under this Article shall keep their permits available at all times for inspection upon request by any person who by law may inspect such permit.
(Code 2015)
A. Any person desiring to obtain a permit as an entertainer or employee in an adult business shall make application at the Ottawa City Clerk. Forms shall be provided by the City Clerk. A nonrefundable permit fee of $50.00 shall be submitted with the application.
B. An applicant for a permit shall furnish the following information under oath:
1. Name, including all aliases, address, telephone number, and social security number.
2. Written proof that the individual is at least 18 years of age.
3. All residential addresses of the applicant for the past three years.
4. The applicant’s sex, height, weight, eye and hair color.
5. The adult business license history and the entertainer or employee permit history of the applicant; whether such applicant, previously operating in this or any other city, county, or state under such license or permit, has had such license or permit revoked or suspended and the reason therefore; and the business activity or occupation subject to such action of suspension or revocation and the name of the city, county, or state which revoked or suspended the license or permit.
6. All federal, state, or municipal convictions; forfeitures of bond; pleas of nolo contendere for specified criminal acts; and entries into diversion programs for any offense defined as a specified criminal act, fully disclosing the jurisdiction where the matter occurred, the offense involved, and the court and case number.
7. Fingerprints and two portrait photographs at least two inches by two inches of the applicant.
8. The length of time immediately preceding the date of the application that the applicant has been a resident of Ottawa, Kansas.
9. A statement by the applicant that he or she is familiar with the provisions of this Article and is currently acting or will act in compliance with this Article.
10. Authorization for the City and its agents and employees to seek and obtain information and to conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
C. Within 10 days of receiving the application, the Ottawa City Clerk shall examine the application. If the application is complete, the applicant is qualified and all the applicable requirements set forth herein are met, the application shall be approved. If any application has not been either approved or denied within 10 days following the date the application was submitted, the City Clerk shall, at the request of the applicant, issue a temporary permit allowing the applicant to work at the adult business. If an application for an entertainer or employee permit is denied, the applicant shall be immediately notified by registered or certified mail to the applicant’s last known mailing address, and the letter of notification shall state the basis for such disapproval and the applicant’s right to request a public hearing before the City Manager. Upon disapproval of the application, any temporary permit that may have been issued shall be revoked unless the applicant appeals the denial.
D. Any temporary permit issued pursuant to this section shall state on its face an expiration date 45 days after its date of issuance; provided, however, that, if the employee’s permit application or appeal from a denial of a permit or permit renewal is continuing at the end of each successive 45-day period, at the request of the applicant the City Clerk shall issue a renewal temporary permit, which shall expire 45 days after its issuance. Notwithstanding the stated 45-day expiration date, the temporary permit shall expire upon either the issuance of a permanent permit, the withdrawal of any appeal from the denial of issuance of a permit, or the termination of any appeal of the denial of issuance of a permit. Upon the denial of the issuance of the permit (if not appealed), or the unsuccessful or withdrawal of appeal of the denial of issuance of the permit, the applicant shall immediately return the temporary permit to the City Clerk. It shall be unlawful for any applicant to fail to return the temporary permit within three business days after the denial of the issuance of the permit (if not appealed), or the unsuccessful appeal or withdrawal of appeal of the disapproval of the permit.
E. Refusal or failure of the applicant to provide any information relevant to the investigation of the application, refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, refusal to submit to or cooperate with any investigation required by this Article, or refusal or failure to appear before the City Manager after requesting a hearing shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the Ottawa City Clerk.
(Code 2015)
A. To receive a permit as an entertainer or employee an applicant must meet the following standards:
1. The applicant shall be at least 18 years of age.
2. The applicant must not have had a permit or license as required by this Article or similar ordinances or statutes revoked by any city, county, or state within the preceding two years.
3. No permit shall be issued if:
a. The applicant for the permit, has been convicted of or pleaded nolo contendere to a specified criminal act or has entered into a diversion program for any offense defined as a specified criminal act within five years immediately preceding the date of the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if such specified criminal act constitutes a misdemeanor, city ordinance or county resolution violation.
b. The applicant has knowingly made any false, misleading, or fraudulent statement in the permit application or in any document required by the City in conjunction therewith.
c. That the correct permit fee has not been tendered to the City Clerk and, in the case of a check or bank draft, not honored with payment upon presentation.
d. The applicant does not meet the requirements set out herein.
e. The applicant has:
1. Had a permit issued pursuant to this Article for entertainer or employee revoked within two years immediately preceding this application;
2. Been convicted of an offense within two years immediately preceding this application which, if committed in this City would constitute a violation of this Article;
3. An active warrant filed against such person from any federal, state, or city or county law enforcement agency for a specified criminal act.
(Code 2015)
A. Application for license. The applicant for a license as provided for in this Article must apply in writing on forms provided by the City Clerk.
B. Application for permit. The applicant for a permit as provided for in this Article must apply in writing on forms provided by the City Clerk.
C. Fees. A nonrefundable license fee of $250.00 shall be submitted with the application for a license to operate an adult business. A nonrefundable permit fee of $50.00 shall be submitted with the application for a permit to be an entertainer or employee in an adult business.
(Code 2015)
A. The business license shall be displayed in a conspicuous public place in the adult business.
B. The permit or identification card shall be displayed by an entertainer or employee so required to have such permit, upon request of a customer, law enforcement officer or any other City official as designated by the City Manager.
(Code 2015)
A. Every permit or license issued pursuant to this Article will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and every permit or license will terminate and must be renewed before operation is allowed in the following year. The application for renewal must be filed not later than 30 days before expiration. The procedure, application, fees, and requirements for a renewal shall be the same as for the original license or permit. In addition, a late charge of $50.00 for a license and $25.00 for a permit will be assessed if the application is filed less than 30 days prior to expiration of the current license or permit.
B. If the Police Department is aware of any information bearing upon the applicant’s qualifications to receive a renewal of the business license, that information pertaining to a business license shall be filed in writing with the City Clerk not later than ten days after the date of the application for renewal. The report filed by the Police Department shall be maintained as a confidential record and shall not be disclosed to any person except the City Clerk, the applicant, and such other persons as are authorized by law to receive such information.
C. Whenever any application for renewal of a license or permit has been filed prior to the expiration date of the license or permit, and the application has not been acted upon as of the expiration date of the license or permit, a temporary license or permit shall be issued which shall remain in effect until a final determination has been made.
(Code 2015)
A. The City Clerk shall revoke a business license and the Police Department shall revoke a permit for an employee or entertainer for any of the following reasons:
1. False or misleading information or data was given on any application or material facts were omitted from any application.
2. The licensee or permittee violates any provision of this Article or any rule or regulation adopted by the City pursuant to this Article, provided, however, that in the case of a first offense by a licensee where the conduct was solely that of a person not the licensee, the penalty shall not exceed a suspension of 30 days if the City Clerk shall find that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
3. The licensee or permittee becomes ineligible to obtain a license or permit.
4. Any cost or fee required to be paid by this Article is not paid.
5. A licensee employs an entertainer or employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer or employee without a permit.
6. Any intoxicating liquor or cereal malt beverage is possessed, served, or consumed on the premises of an adult business.
7. The licensee, permittee, or anyone acting on behalf of or under the licensee or permittee has refused to allow immediate entry and inspection of the licensed premises open to the public during normal business hours or other reasonable time to any person authorized by this Article.
8. The licensed premises have become a public nuisance or currently does not comply with the fire, health, and safety codes of the City.
B. The City Clerk, before revoking or suspending any business license, or the City Manager, before revoking or suspending any permit, shall give the licensee or permittee notice of the grounds for revocation or suspension and an opportunity for a public hearing. Any such hearing shall be conducted in accordance with the provisions of Section 11-1019.
C. The attempted transfer, sale, or assignment of a license or permit or any interest in a permit or license or use of a license or permit by other than the person to whom such license or permit was issued shall automatically and immediately revoke the license or permit.
D. The attempted transfer, sale, or assignment of a license or permit or any interest in a license or permit shall be reported in writing by the licensee to the City Clerk within 24 hours after such attempted transfer, sale, or assignment.
E. Any person whose license or permit is revoked shall not be eligible to receive a license or permit for two years from the date of revocation, provided, however, that when a permit has been revoked solely because the person has a contagious or communicable disease or has failed to submit to a physical examination and supply proof from such examining physician as required by Section 11-1008(a)(4)f., the permit may be renewed when a certificate is obtained from a licensed medical practitioner certifying that the applicant has been treated and/or passed the institutional or quarantine period required by K.A.R. 28-1-6 and amendments thereto and the regulations, if any, of the Franklin County Health Department and is free from such diseases or, if found to have a contagious or communicable disease which might pose a direct threat to the health or safety of patrons or others in the work place, submit a written statement of the accommodations to be taken to eliminate the direct threat.
(Code 2015)
A. Hours of operation of all adult businesses shall be only between the hours of 12:00 a.m. and 12:00 p.m.
B. All areas of an adult business open to the public shall be open to inspection during normal business hours by law enforcement officers, or such other persons as the City Manager may designate for the purpose of determining that the provisions of this Article are complied with. It shall be unlawful for any person to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner. Any failure on the part of any permittee or licensee to grant immediate access to such inspection shall be grounds for the revocation or suspension of any business license or employee permit. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary place of habitation.
C. All business or activity provided for under this Article shall be conducted and performed on the licensed premises.
(Code 2015)
A. The operator shall maintain a register of all employees or entertainers showing the name, including aliases used, home address, birth date, sex, height, weight, color of hair and eyes, date of employment and termination, job duties of the party and such other information as may be required by the Police Department. The above information shall be maintained in the register on the premises for a period of two years following termination.
B. The operator shall make the register of employees or entertainers available immediately upon demand of law enforcement officers or any other person designated by the City Manager, during hours of operation.
C. Every act or omission of an employee constituting a violation of the provisions of this Article shall be deemed the act or omission of the operator, if such act or omission occurs either with the authority, knowledge, or approval of the operator, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
D. An operator shall be responsible for the conduct of all persons on the licensed premises and any act or omission of any person constituting a violation of the provisions of this Article shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended, or renewed if the operator has knowledge of the violation and fails to take action to cause such person to discontinue the unlawful conduct.
E. The premises of all adult businesses shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms, or stalls wherein entertainment is provided 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.
F. The premises of all adult businesses will be so constructed as to include an anteroom, foyer, partition, or other physical barrier on all customer entrances that will insure observation of 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.
G. The operator shall be responsible for and shall provide that any room or area used for the purpose of adult shall be readily accessible at all times and shall be opened to view in its entirety for inspection by law enforcement officers at all reasonable times.
H. No operator, entertainer or employee of an adult business shall demand or collect all or any portion of a fee for entertainment before its completion.
I. A sign shall be provided to the operator by the City Clerk and shall be conspicuously displayed by the operator in the common area of the premises of an adult business. Such sign shall read as follows: “THIS ADULT BUSINESS IS REGULATED BY THE CITY OF OTTAWA IN ACCORDANCE WITH CHAPTER 11, ARTICLE X OF THE CITY OTTAWA MUNICIPAL CODE.
1. Engaging in any type of unlawful sexual conduct is not permitted.
2. Exposing sex organs is not permitted;
3. Demanding or collecting all or any portion of a fee for entertainment before completion is not permitted.”
J. The operation of any bathhouse shall be subject to the following regulations:
1. Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time.
2. Danger to safety, health. No service shall be given which is clearly dangerous or harmful to the safety or health of any person in the opinion of the Franklin County Health Department and after such notice is given in writing to the licensee.
3. Cleanliness of establishment. Every portion of a licensed establishment, including appliances and personnel, shall be kept clean and operated in a sanitary condition.
4. Personnel cleanliness, clothing, dressing rooms. All employees or entertainers, shall be clean and wear clean outer garments, which use is restricted to the licensed establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
5. Personnel clothing. All employees or entertainers must be modestly attired. Diaphanous, flimsy, or transparent clothing is prohibited. Clothing must not be skin tight and must cover the employees’ or entertainers’ chests and torso at all times and extend below the genitals, pubic region, and buttocks.
6. Coverage of patrons, prohibition of genital contact. The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee or entertainer. Any contact with a patron’s genital area, either directly or indirectly, is strictly prohibited.
7. Sheets and towels cleanliness. All licenses establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in approved, sanitary manner.
8. Cleanliness of heat rooms, showers, toilets, baths. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
K. A licensee of an adult business shall have the premises supervised by a manager at all times when open for business. An adult manager shall be on duty at an adult business at all times when the premises are open for business. The name of the manager on duty shall be prominently posted during working hours. The manager designated or appointed by its licensee shall personally supervise the business and shall not violate, or permit others to violate, any applicable provision of this Article.
L. No establishment granted a license under provisions of this Article shall place, publish, distribute, or cause to be placed, published, or distributed any advertising matter that depicts any specified anatomical area that would reasonably suggest to prospective patrons that any service is available other than those services as described herein or that employees or entertainers are dressed in any manner described herein, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described herein.
(Code 2015; Ord. 4150-24)
A. It shall be unlawful for any licensee, operator or permittee to knowingly permit any person to engage in a specified criminal act on the premises.
B. It shall be unlawful for any licensee, operator, or permittee of any such business to encourage or permit any person upon the licensed premises to touch, caress, or fondle the breasts, buttocks, anus, vulva, or genitals of any other person either directly or through clothing.
C. It shall be unlawful for any licensee, operator, permittee, or patron of any such business to be unclothed or in such attire, costume, or clothing so as to expose to view any specified anatomical areas.
D. It shall be unlawful for any licensee, operator, or permittee of any such business to permit or allow to remain on the premises any person who exposes to view any specified anatomical areas.
E. It shall be unlawful for any licensee, operator, permittee, employee, patron, or any other person to possess or consume or to allow or to cause to be possessed or consumed any alcoholic liquor or cereal malt beverages on any premises licensed pursuant to this Article.
F. It shall be unlawful for any licensee, operator, or permittee of any business licensed pursuant to this Article to allow on the premises any employee, as defined herein, under the age of 18 years.
G. It shall be unlawful for any licensee, operator, or permittee of any business licensed pursuant to this Article to allow any person under the age of 18 years on the licensed premises during hours of operation.
H. It shall be unlawful for any person:
1. To furnish, loan, or give to another person a birth certificate, driver’s license, affidavit, or any other written document for the purpose of misrepresenting or falsifying the other person’s age to allow access to an adult business.
2. To misrepresent or falsify such person’s age or the age of any other person for the purpose of gaining access to an adult business.
3. Under the age of 18 to enter, attempt to enter, or remain or about the premises of any adult business.
I. It shall be unlawful for any licensee, operator, or permittee of any such business to refuse to allow immediate entry and inspection of those portions of the licensed premises open to the public by authorized law enforcement personnel. The inspections shall be made during normal business hours or other reasonable time by any person authorized pursuant to this Article.
J. It shall be unlawful for any person to give false information either in writing or orally for the purpose of obtaining any license to operate a business pursuant to this Article or for the purpose of obtaining any permit to perform any service in any such licensed business.
K. Any violation of the local, state, or federal laws committed on the premises by a permittee or licensee affecting the eligibility or suitability of such person or entity to hold a license or permit may be grounds for suspension or revocation of a license or permit.
(Code 2015)
The provisions of this Article shall not apply to hospitals, nursing homes, sanitariums, licensed martial arts establishments, persons holding an unrevoked certificate to practice the healing arts under the laws of this state, or person working under the direction of any such persons or in any such establishment, nor shall this Article apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this state.
(Code 2015)
A. Any person, partnership, or corporation who violates any provision of this Article may be prosecuted in the Ottawa, Kansas Municipal Court.
B. The penalty for violation of any provision of this Article shall be fixed by the court and shall not exceed imprisonment of six months or a sum of $1,000 or both such imprisonment and fine.
(Code 2015)
If any act is required to be performed on a certain date or within a certain period and if that date or the last day of that period falls on a Saturday, Sunday, or legal holiday, the date or time period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. “Legal holiday” includes any day designated as a holiday by the Congress of the United States or by the Legislature of the State of Kansas or the Ottawa governing body.
(Code 2015)
A. Whenever a hearing is required by the terms of this Article, the following procedures shall be followed.
B. Any notice or letter issued under this Article for the consideration of approval/disapproval, renewal/nonrenewal, suspension, or revocation of a license under this Article shall be in writing, shall be addressed to the applicant, licensee or permittee (respondent), shall set forth the grounds therefore, and shall be delivered by personal delivery, or by certified mail. The notification shall be directed to the most current business address or other mailing address for the respondent that is on file with the City. Any notice shall be delivered or mailed at least seven business days in advance of the date of the hearing.
C. Upon institution of any proceedings, the City Manager shall notify the respondent in writing of the hearing date on respondent’s approval/disapproval, renewal/nonrenewal, suspension, or revocation proceeding. Within 30 days of the institution of proceedings, the City Manager, or his/her designee, in the case of a permit, shall conduct a hearing at which respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, and present evidence and witnesses on his, her or its behalf. The City may also be represented by counsel, and shall bear the burden of proving the grounds for disapproving, nonrenewing, suspending, or revoking the license.
D. The City Clerk may administer oaths, request attendance of witnesses and the production of books, papers, accounts and documents, and examine witnesses and receive testimony at any hearing under this section. If any respondent fails to comply with a request for attendance issued by the City Manager, or if any respondent refuses to testify in any matter regarding which he/she/it may be lawfully interrogated, such failure or refusal shall constitute grounds for disapproval, nonrenewal, suspension or revocation of the license.
E. If a respondent who has been notified of a hearing under this section does not appear, the hearing may proceed without him/her/it, and the City Manager may consider and dispose of the case, but in all cases the City Manager upon its/his/her own motion, may grant continuances from time to time. If the continuance is granted to a fixed future date by written consent or in the presence of the respondent or his/her/its counsel, no further notice of the hearing date need be given. In all other cases the same notice of hearing as in original hearings shall be given.
F. Hearings shall take not to exceed four hours, unless extended to meet the requirements of due process and proper administration of justice.
G. In determining cases involving the denial of a business license by the City Clerk upon appeal, or the suspension or revocation of licenses or permits, the City Manager shall issue a decision on the issue before it within 21 days after the conclusion of the hearing. The failure of the City Manager to act within such time period shall result in no suspension or revocation; provided, however, that new proceedings may be initiated.
H. In hearings before the City Manager that result in the withholding of the issuance of a license or permit or in the suspending or revoking of a license or permit, the City Manager may assess the costs of the hearing to the respondent.
(Code 2015)
Following the entry of an order by the City Clerk, City Manager, suspending or revoking a license or permit issued pursuant to this Article, or denying an application for a license or permit, or the renewal thereof, such licensee or permittee may seek judicial review of the suspension, revocation, denial or non-renewal by appeal pursuant to K.S.A. 60-2101(d), or any amendment thereto, an action for declaratory judgment or injunction, or by any other available procedure that will assure a prompt judicial decision. Except in cases where the City’s action was to deny an initial application for an adult business license, enforcement of any such order shall be stayed pending a judicial decision and a temporary license or permit shall be issued pending judicial review in the District Court. If the District Court upholds the City’s decision to deny, suspend or revoke a license or permit, any temporary license or permit shall be revoked unless otherwise directed by the District Court or the Kansas Court of Appeals. No temporary license shall be issued for an adult business that has not previously been licensed.
(Code 2015)
All adult business licenses shall be issued only for the one adult business type listed on the application. Any change in the type of adult business shall invalidate the adult business license and require the licensee to obtain a new license. A separate license is required for each adult business. The establishment or maintenance of more than one adult business in the same building, structure or portion thereof is prohibited.
(Code 2015)
Notwithstanding anything to the contrary, for the purposes of this Article, an act by an employee or entertainer that constitutes grounds for suspension or revocation of that person’s permit shall be imputed to the Adult Business licensee for purposes of finding a violation of this Article, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly allowed such act to occur on the premises, or if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises reasonably should have known that such act was occurring or likely to occur on the premises.
(Code 2015)
The information provided by an applicant in connection with the application for a license or a permit under this Article shall be maintained in confidence except as provided herein; provided, that all such information may be disclosed to law enforcement agencies in connection with a law enforcement or public safety function, and provided further that disclosure may be made as required by governing law or court order. Upon a proper request from any person pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq., and any amendments thereto, the following information from the application shall be disclosed: the name of the applicant; the type of license applied for; the name of the adult business for which the application was made; and the location of the adult business for which the application was made. All other information contained within the application shall be redacted or otherwise prevented from disclosure as being information of a private nature for which public disclosure would constitute a clearly unwarranted invasion of personal privacy within the meaning of K.S.A. 45-221(a)(30), or amendments thereto.
(Code 2015)
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. The provisions of this ordinance are severable for this purpose.
(Code 2015)