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Legislation #: 991208 Introduction Date: 9/16/1999
Type: Ordinance Effective Date: 10/10/1999
Sponsor: None
Title: Amending Chapter 12, Code of Ordinances, entitled Amusements and Commercial Recreation by repealing Sections 12-42, 12-45, 12-63 and 12-64 of Article II, entitled Adult Entertainment Businesses and enacting in lieu thereof new sections of like number and subject matter.

Legislation History
DateMinutesDescription
9/16/1999

Prepare to Introduce

9/16/1999

Referred Finance and Audit Committee

9/22/1999

Do Pass

9/23/1999

Assigned to Third Read Calendar

9/30/1999

Passed as Amended

9/30/1999

Amended


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ORDINANCE NO. 991208, AS AMENDED

 

Amending Chapter 12, Code of Ordinances, entitled Amusements and Commercial Recreation by repealing Sections 12-42, 12-45, 12-63 and 12-64 of Article II, entitled Adult Entertainment Businesses and enacting in lieu thereof new sections of like number and subject matter.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 12, Code of Ordinances, entitled Amusements and Commercial Recreation, is hereby amended by repealing Sections 12-42, 12-45, 12-63 and 12-64 of Article II, entitled Adult Entertainment Businesses and enacting in lieu thereof new sections of like number and subject matter to read as follows:

 

Sec. 12-42. Definitions.

 

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Adult cabaret means an adult live entertainment facility, or that part of an adult live entertainment facility, which regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.

 

Adult entertainment business means any business, commercial establishment, or premises to which the public is permitted or invited operating as an adult motion picture theater; bathhouse; sex shop; and/or motion picture arcade booth establishment.

 

Adult live entertainment business means an adult cabaret.

 

Adult live entertainment facility means any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, predominantly distinguished or characterized by their principal emphasis on matter displaying, depicting, describing or relating to specified sexual activities or specified anatomical area, and including adult cabaret facilities providing a live presentation, where the customers observe any live presentation, of any person wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering and additionally, in the case of a female person, with the areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.

 

Adult live entertainment facility premises means the bounds of the enclosure of an adult live entertainment facility that is licensed, or part of which is licensed, as an adult live entertainment business.


Adult media means magazines, newspapers, books, videotapes, movies, slides, cd-roms, digital video discs, other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter displaying, depicting, describing or relating to specified sexual activities or specified anatomical areas.

 

Adult motion picture theater means a building or portion of a building (including any portion of a building which contains more than 150 square feet) used for presenting motion pictures, movies, videos or other projected images if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if, as a prevailing practice, the movies, videos or other material presented are distinguished or characterized by an emphasis on the display, depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medial practitioner or professional physical therapist, licensed by the state.

 

Commissioner means the Commissioner of Revenue of Kansas City or his or her designee.

 

Customer means any person who:

 

(1) Is allowed to enter an adult live entertainment or adult entertainment business in return for the payment of an admission fee or any other form of consideration or gratuity;

 

(2) Enters an adult live entertainment or adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

 

(3) Is a member or guest of and on the premises of an adult live entertainment or adult entertainment business operating as a private club.

 

Director unless otherwise described, means the director of Neighborhood and Community Services, or a person designated by the director.

 

Display publicly means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item or material in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others, or from any portion of the exhibitor's business, commercial establishment or premises, where items and material other than this material are offered for sale or rent to the public.

 

Employee means any person who renders any service whatsoever to the customers of an adult live entertainment or adult entertainment business or who works in or about an adult live entertainment or adult entertainment business, and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. The term "employee" includes managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult live entertainment business.

 

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

 

Entertainment means any display, exhibition or dance of any type, pantomime, modeling or any other performance.

 

Explicit sexual material means any pictorial or three dimensional material displaying or depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or anthropological significance are not included in this definition.

 

Gross public floor area means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled public), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.

 

Manager means any person who manages, directs, administers or is in charge of the affairs or conduct of any portion of any activity, including adult live or adult entertainment, occurring at an adult live entertainment or adult entertainment business.

 

Material means anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates and other latent representational objects.

 

Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, digital video discs, other magnetic media, and undeveloped pictures.

 

Motion picture arcade booth means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat a person and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the display, depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd rom, digital video discs, books, magazines or periodicals) for observation by patrons therein. The terms booth, arcade booth, preview booth, video arcade booth, and media room shall be synonymous with the term motion picture arcade booth. A motion picture arcade booth shall not mean a theater, movie house, playhouse or a room or enclosure or portion thereof which contains more than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy a motion picture arcade booth at any time.

 

Motion picture arcade booth establishment is any business wherein one or more motion picture arcade booths are located. The terms establishment and video arcade shall be synonymous with motion picture arcade booth establishment.

 

Operator means any person operating, conducting or maintaining an adult live entertainment or adult entertainment business.

 

Owner means the proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; or all officers, directors and persons holding ten percent or more of the outstanding shares, if a corporation.

 

Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.

 

Primary live entertainment means that entertainment which characterizes the business, as determined (if necessary) from a pattern of advertising as well as actual performances.

 

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.

Sadomasochistic practices mean flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

 

Sex shop means a business offering goods for sale or rent and that meets any of the following tests:

 

(1) It offers for sale items from any two (2) of the following categories: adult media; sexually-oriented toys or novelties; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or

 

(2) More than five percent (5%) of its stock in trade of the business consists of sexually-oriented toys or novelties; or

(3) More than five percent (5%) of its gross public floor area of the business is devoted to the display of sexually-oriented toys or novelties.

 

Sexually-oriented toys or novelties mean instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

 

Specified anatomical areas means and includes: (1) less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

Specified sexual activities means sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses chapter of the state's criminal code (RSMo ch. 573).

 

Viewing area means the area where a customer, member or guest would ordinarily be positioned while watching an exhibition, performance or dance.

 

Sec. 12-45. Permit required for managers and entertainers.

 

(a) It shall be unlawful for any person to work as an entertainer or manager at an adult live entertainment business or as a manager at any adult entertainment business without having first obtained from the city a permit to do so, to be designated as an "adult entertainer's permit", an "adult live entertainment manager's permit", or an adult entertainment managers permit, respectively, or to work as an entertainer or manager at such business after such person's permit has been revoked or while such person's permit is suspended.

 

(b) It shall be unlawful for any person not holding a valid adult entertainers permit issued to that person under this chapter to display, expose or depict specified anatomical areas in an adult entertainment facility or premises, except while lawfully discharging urine or feces in a bathroom or restroom meeting the citys building code.

 

Sec. 12-63. Licensees duties to monitor business and premises.

 

(a) It is and shall be the affirmative duty of each licensee to:

 

(1) Allow the business to be open to customers only when there is a designated manager on duty who is licensed as required under Section 12-45; the name of the manager on duty at any time shall be prominently displayed at or near the managers station;


 

(2) Ensure that all lighting, including theater runway/aisles lighting, required by this Article actually operates, with working bulbs, turned on, during all hours when the business is open;

 

(3) Post and enforce a no loitering policy on the business premises, including parking areas and other exterior parts of the business premises;

 

(4) Prevent and ensure that no sexual activity, including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses chapter of the state's criminal code (RSMo ch. 573), takes place on the business premises, whether in or out of public view;

 

(5) Prevent and ensure that no prostitution or solicitation for prostitution takes place on the business premises, whether in or out of public view;

 

(6) Prevent and ensure that no gambling takes place on the business premises;

 

(7) Prevent any unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the business premises;

 

(8) Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises;

 

(9) Prevent persons under eighteen (18) years of age from entering the business premises or the portion or portions thereof which contain adult media, adult live entertainment or sexually-oriented toys and novelties;

 

(10) Prevent the display of sexually explicit materials inside the licensed premises that are viewable from a public place or viewable within portions of the business open to the general public;

 

(11) Prevent and ensure that no person engages in sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses chapter of the state's criminal code (RSMo ch. 573), or causes any bodily discharge of semen, urine or feces while in any adult entertainment business or any adult live entertainment business excepting the discharge of urine or feces in a bathroom or restroom meeting the citys building code;

 

(12) Allow law officers, code enforcement officers, health officers or other representatives of the city or other public agencies full access to the business premises at anytime during business hours for purposes of inspection to ensure compliance with this Article and other applicable laws; and

 

(13) Ensure that doors in adult motion picture theaters are designed and maintained so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the manager on duty can release the lock at her or his own volition or at the request of a law enforcement officer or city inspector and ensure that lobbies remain unlocked at all times that the adult motion picture theater is in operation.

 

(b) It shall be unlawful for any person to engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses chapter of the state's criminal code (RSMo ch. 573), or cause the bodily discharge of semen, urine or feces while in any adult entertainment business or any adult live entertainment business, excepting the discharge of urine or feces in a bathroom or restroom meeting the citys building code.

 

(c) No licensee or employee or agent of a licensee of a business licensed under this Article shall warn or inform any person on the business premises of the presence of any city investigator or any law enforcement officer in connection with the enforcement of the provisions of this Article, by any means, including but not limited to any electrical, mechanical or other device whether or not the device is constructed, installed or located on the premises.

 

(d) The license and the standards of operation, affirmative duties and other requirements of this Article shall apply to an entire business operation and its premises, regardless of the fact that some parts of the business operation, if conducted separately at a different location, would not be subject to licensing under this Article.

 

(e) Failure to comply with the requirements of this section and all other requirements of this Article is unlawful and a violation of this Article and shall be grounds for suspension, revocation or nonrenewal of a license pursuant to the provisions contained in section 12-67.

 

Sec. 12-64. Standards of conduct and operation for adult cabarets.

 

(a) The following standards of conduct must be adhered to by employees of any adult cabaret while on the adult live entertainment business premises:

 

(1) Dancing or other live entertainment distinguished or characterized by an emphasis on the display, depiction or description of specified anatomical areas for observation by customers shall take place only in a location and manner meeting all of the following conditions:

 

a. In a theater or open room of at least six hundred (600) square feet;

 

b. On a stage, elevated at least twenty four (24) inches above the level on which patrons sit or stand; and

 

c. With a horizontal separation of at least three (3) feet between the performing area, as defined by the edge of the stage or by a rail or other physical barrier on the stage, and the nearest space to which customers shall have access.

 

(2) No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, unless separated at least three (3) feet from the nearest customer.

 

(3) No employee or entertainer shall perform or engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses chapter of the state's criminal code (RSMo ch. 573) on the premises.

 

(4) No employee or entertainer shall display any specified anatomical area except as provided for in subsection (a)(1) and (2) of this section.

 

(5) No employee or entertainer who is not separated from any and all customers as provided in subsection (a)(2) of this section shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (a)(2) of this section, except in an area of the business premises not open to customers.

 

(6) No employee or entertainer shall knowingly touch any specified anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of the employee or entertainer. No employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether the area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether the specified anatomical area is clothed, unclothed, covered or exposed.

(7) No employee or entertainer shall wear or use any device or covering exposed to view which simulates any specified anatomical area.

 

(8) No employee or entertainer shall use artificial devices or inanimate objects to display, depict or perform any specified sexual activities.

 

(9) No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while the entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.

 

(10) No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Article.

 

(11) No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:

 

a. While the entertainer is on the stage as provided in subsection (a)(1) of this section, a customer may place the payment or gratuity into a box located between the stage and the horizontal separation described in section 12-64 (a)(1)c; or

 

b. While such entertainer is not on the stage, and is clothed so as to not expose to view any specified anatomical areas, a customer may either place the payment or gratuity into the entertainer's hand, or under a leg garter worn by the entertainer at least four inches below the bottom of the pubic region.

 

(b) At any adult cabaret, the following are required:

 

(1) A sign, on which upper-case letters shall be at least two (2) inches high, and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance of the premises, and shall read as follows:

 

THIS ADULT LIVE ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF KANSAS CITY. ENTERTAINERS ARE:

 

a. Not permitted to engage in any type of sexual activities on the business premises, or in prostitution.

 

b. Not permitted to be unclothed or in less than opaque or complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks or genitals, unless separated at least three (3) feet from the nearest customer and upon a stage at least twenty four (24) inches above the immediate floor level.

 

c. Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:

 

i. While the entertainer is on the stage, by placing the payment or gratuity into the box affixed to the stage; or

 

ii. While the entertainer is not on the stage, by either placing the payment or gratuity into the entertainer's hand, or under the entertainer's leg garter.

 

(2) Neither any entertainment nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.

 

(3) The premises 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 1.0 footcandle as measured at the floor level, and the illumination must be maintained at all times that any customer is present in or on the premises.

 

________________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney