The text
16-12-1 - Purpose and Findings.#
1.
It is the purpose of this Chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations applicable thereto. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material. It is a purpose hereof to protect the citizenry from the detrimental secondary effects caused by sexually oriented businesses.
2.
Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; the Council finds:
a.
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities. Thus, the City desires to make the owners of these establishments responsible for the activities that occur on their premises.
b.
Certain employees of sexually oriented businesses defined in this Chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit behavior than employees of other establishments.
c.
Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.
d.
Offering and providing such space encourages such activities, which creates unhealthy conditions.
e.
Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
f.
At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
g.
Since 1981 there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States.
h.
Since 1981 there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Utah.
i.
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
j.
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
k.
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented film.
l.
The findings noted in Paragraph (a) through (k) raise substantial governmental concerns.
m.
Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
n.
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, falls in possession and control of the premises and activities occurring therein.
o.
Prohibiting doors or similar partitions on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
p.
Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
q.
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
r.
It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this Chapter is designed to prevent or who are likely to be witnesses to such activity.
s.
The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this Chapter.
t.
The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
u.
The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this Chapter.
16-12-2 - Definitions.#
Adult Arcade - Any place to which the public is permitted or invited wherein coin operated, slug operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting, or describing of "specified sexual activities" or "specified anatomical areas."
Adult Bookstore, Adult Novelty Store, or Adult Video Store - A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration one (1) or more of the following: a.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
b.
Instruments, devices, or paraphernalia which are designed for us in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as "adult bookstore," "adult novelty store," or "adult video store." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore," "adult novelty store," or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Cabaret - A nightclub, bar, restaurant, or similar commercial establishment which regularly features: a.
Persons who appear in a state of dress that covers no more than the "specified anatomical areas";
b.
Live performances or dancers whose attire covers no more than the "specified anatomical areas"; or
c.
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Motion Picture Theater - A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Theater - A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of dress that covers no more than the "specified anatomical areas," or live performances or dancers whose attire covers no more than the "specified anatomical areas."
Conviction or Convicted - Disposition by any court of a criminal charge or information based upon a finding or plea of guilty, plea of no contest, pleas in abeyance or entering into a diversion agreement. For purposes of this Chapter, no subsequent expungement, dismissal or pardon shall change the status of conviction or being convicted.
Employee - A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
Escort - A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort Agency, also known as an Outcall Service - A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. No activity or service by any Escort shall be performed on the Agency's premises.
Establishment - Includes any of the following: a.
The opening or commencement of any sexually oriented business as a new business;
b.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
c.
The additions of any sexually oriented business to any other existing sexually oriented business; or
d.
The relocation of any sexually oriented business.
Licensee - A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
Sexually Oriented Business - Includes, but is not limited to, an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, or escort agency.
Specified Anatomical Areas: a.
The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
b.
Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
Specified Criminal Activity - Any offense regardless of title, involving the following: a.
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
b.
For which:
i.
Less than three (3) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
ii.
Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
iii.
Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any thirty-six (36) month period.
c.
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
Specified Sexual Activities - Any of the following offenses: a.
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
b.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
c.
Excretory functions as part of or in connection with any of the activities set forth in (a) through (b) above.
Substantial Enlargement of a Sexually Oriented Business - The increase in inventory or floor areas occupied by the business by more than ten percent (10%), as the floor areas exist on the date this Chapter takes effect.
Transfer of Ownership or Control of a Sexually Oriented Business - Includes any of the following: a.
The sale, lease, or sublease of the business;
b.
The transfer of securities which constitute a controlling interest in the 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 the business, including transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
16-12-3 - Classification.#
Sexually oriented businesses are classified as follows: 1.
Adult arcades;
2.
Adult bookstores, adult novelty stores, or adult video stores;
3.
Adult cabarets;
4.
Adult motion picture theaters;
5.
Adult theaters; and
6.
Escort agencies.
16-12-4 - License Required#
1.
It is unlawful:
a.
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this Title.
b.
For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this Chapter.
c.
For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this Chapter.
2.
An application for a license must be made on a form provided by the City.
3.
All applicants must be qualified according to the provisions of this Title. The application may request and the applicant shall provide such information (including fingerprints) as to enable the City to determine whether the applicant meets the qualifications established in this Title.
4.
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual or entity that has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
5.
The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
a.
If the applicant is:
i.
An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least eighteen (18) years of age;
ii.
A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
iii.
A corporation, the corporation shall state its complete name, the date of is incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
b.
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:
i.
The sexually oriented business's fictitious name; and
ii.
Submit the required registration documents.
c.
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this Chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
d.
Whether the applicant, or a person residing with the applicant, has had a previous license under this Title or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Title whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
e.
Whether the applicant or a person residing with the applicant holds any other licenses under this Title or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
f.
The single classification of license for which the applicant is filing.
g.
The location of a proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) if any.
h.
The applicant' s mailing address and residential address.
i.
A recent photograph of the applicant(s).
j.
The applicant's driver's license number, Social Security number, and/or his/her State or federally issued tax identification number.
k.
A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6").
l.
If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in KCC 16-12-13.
6.
Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the City the following information:
a.
The applicant's name or any other name (including "stage" names) or aliases used by the individual;
b.
Age, date, and place of birth;
c.
Height, weight, hair and eye color;
d.
Present residence address and telephone number;
e.
Present business address and telephone number;
f.
Date, issuing state, and number of driver's permit or other identification card information;
g.
Social Security number; and
h.
Proof that the individual is at least eighteen (18) years of age.
7.
Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:
a.
A color photograph of the applicant clearly showing the applicant's face and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
b.
A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
c.
A statement whether the applicant or any employee has been convicted of a specified criminal activity as defined in this Chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
16-12-5 - Issuance of License.#
1.
Upon the filing of said application for a sexually oriented business employee license, the application shall be referred to the appropriate City departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the City shall issue a license, unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:
a.
The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
b.
The applicant is under the age of eighteen (18) years;
c.
The applicant has been convicted of a "specified criminal activity," as defined in this Chapter;
d.
The sexually oriented business employee license is to be used for employment in a business prohibited by local or State law, statute, rule or regulation, or prohibited by a particular provision of the Revised Ordinances of Kaysville City; or
e.
The applicant has had a sexually oriented business employee license revoked by the City within three (3) years of the date of the current application. However, if the revocation was based on a criminal conviction, no application will be accepted for five (5) years from the termination of all probation, formal or informal, and all other sentencing conditions. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in this Chapter.
2.
A license granted pursuant to this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this Chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in the Consolidated Fee Schedule.
3.
Within thirty (30) days after receipt of a completed sexually oriented business application, the City shall approve or deny the issuance of a license to an applicant. The City shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:
a.
An applicant is under eighteen (18) years of age.
b.
An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
c.
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
d.
An applicant or a person with whom the applicant is residing has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
e.
An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this Chapter.
f.
The premises to be used for the sexually oriented business have not been approved by the Zoning Administrator, Health Department, Fire Department, and the Building Official as being in compliance with applicable laws and ordinances.
g.
The license fee required by this Title has not been paid.
h.
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of the Revised Ordinances of Kaysville City, or State law.
4.
The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to KCC 16-12-3. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
5.
The Zoning Administrator, Health Department, Fire Department, and the Building Official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the City.
6.
A sexually oriented business license shall issue for only one (1) classification as found in KCC 16-12-3.
16-12-6 - Fees.#
1.
Every application for a sexually oriented business license, whether for a new license or for renewal of an existing license, shall be accompanied by a nonrefundable application and investigation fee.
2.
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the City an annual non-refundable license fee within thirty (30) days of license issuance or renewal.
3.
Every application for a sexually oriented business employee license, whether for a new license or a renewal of an existing license, shall be accompanied by an annual nonrefundable application, investigation, and license fee.
4.
All license applications and fees shall be submitted to the Business License Officer of the City.
5.
All fees required hereunder are set forth in the Consolidated Fee Schedule.
16-12-7 - Inspection.#
1.
An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Public Works Department, or other City departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
2.
A person who operates a sexually oriented business or an agent or employee thereof commits a misdemeanor if they refuse to permit such lawful inspection of the premises at any time it is occupied or open for business.
16-12-8 - Expiration of License.#
1.
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in KCC 16-12-4. Application for renewal shall be made at least thirty (30) days before the expiration date and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
2.
When the City denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.
16-12-9 - Suspension.#
1.
The City may suspend a license for a period of not less than ten (10) days nor more than thirty (30) days if it determines that a licensee or an employee of a licensee has:
a.
Violated or is not in compliance with any section of this Title;
b.
Refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter.
16-12-10 - Revocation.#
1.
The City may revoke a license if a cause of suspension in KCC 16-12-9 occurs and the licensee has been suspended within the preceding twelve (12) months.
2.
The City shall revoke a license if it determines that:
a.
A licensee gave false or misleading information in the material submitted during the application process;
b.
A licensee knew, or should have known, that possession, use, or sale of controlled substances occurred on the premises;
c.
A licensee knew, or should have known, that prostitution occurred on the premises;
d.
A licensee knew, or should have known, the sexually oriented business operated during a time when the licensee's license was suspended;
e.
A licensee knew, or should have known, that any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act occurred in or on the licensed premises;
f.
A licensee knew, or should have known, that obscene materials, child pornography in any form, or any other contraband is or was on the licensed premises; or
g.
A licensee is delinquent in payment to the City, county, or state for any taxes or fees past due;
h.
A licensee is convicted of any specified criminal activity.
3.
The City may revoke or suspend a license if any employee is convicted of any specified criminal activity.
4.
When the City revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the City finds that there are substantial mitigating factors, or substantial corrective measures have been employed by the licensee, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. An example of substantial mitigating factors would be the willful acts of an employee or customer disregarding the directions of the licensee. An example of substantial corrective measures would be the termination of an offending employee or prohibiting the return of an offending patron.
5.
If any licensee has a license revoked three (3) times within any five (5) year period, said licensee will thereafter be precluded from regaining any such license.
6.
After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may appeal said decision to the administrative law judge in accordance with KCC Title 2, Chapter 8. Any such appeal shall be in writing and submitted to the office of the City Recorder within twenty (20) days of the date of the decision appealed from. The administrative law judge may affirm, reverse or modify the decision. Unless either party obtains an injunction or mandamus, the status quo ante will be maintained during the appeal process, however, additional enforcement actions will not be precluded thereby.
(Ord. 26-09-02, § VI, 9/3/2026)
16-12-11 - Transfer of License.#
A licensee shall not transfer his/her license to another, not shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
16-12-12 - Location of Sexually Oriented Businesses.#
It is a criminal offense for any person to operate or cause to be operated a sexually oriented business without a license or at a location other than in the Sexually Oriented Business Overlay Zone, as set forth in KCC 17 of the Revised Ordinances.
16-12-13 - Regulations Pertaining to Exhibition of Sexually Explicit Films, Videos, or Live Entertainment in Viewing Rooms.#
1.
A person who operates or causes to be operated a sexually oriented business which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements:
a.
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The City may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
b.
The application shall be sworn to be true and correct by the applicant.
c.
No alteration in the configuration or location of a manager's station may be made without the prior approval of the City.
d.
It is the duty of the licensee of the premises to ensure that at least one (1) licensed employee is on duty and situated in each manager's station at all times that any one (1) patron is present inside the premises.
e.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest Rooms shall not contain video reproduction equipment nor shall any video be viewed from within the rest room. If the premises have two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
f.
It shall be the duty of the licensee to ensure that the view area specified in Subsection (e) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (a) of this Section.
g.
No viewing room may be occupied by more than one (1) person at a time.
h.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5) foot candles as measured at the floor level.
i.
It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
j.
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
k.
No person shall make or attempt to make an opening of any kind between viewing rooms or booths.
l.
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
m.
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
n.
The licensee shall cause all floor, wall and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches (48") of the floor.
2.
It is a Class B Misdemeanor for a person having a duty under Subsections (a) through (n) of Subsection (1) to fail to fulfill that duty.
16-12-14 - Additional Regulations for Escort Agencies.#
1.
An escort agency shall not employ any person under the age of eighteen (18) years.
2.
A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.
3.
In addition to the restrictions set forth in KCC 16-12-10 applying to any escort agencies' premises, said restrictions also apply to the conduct of the employee during the period of time that the escort service is provided, regardless of location.
16-12-15 - Additional Regulations Concerning Licensee Employees.#
It is unlawful for licensees to engage in any physical contact between licensees and any other person and licensee during the performance of their employment responsibilities.
16-12-16 - Prohibition Against Children in a Sexually Oriented Business.#
A person commits a misdemeanor if the person allows another under the age of eighteen (18) years on the premises of a sexually oriented business. A licensee has an affirmative obligation to ensure that no person on the premises is under the age of eighteen (18) years of age.
16-12-17 - Hours of Operation.#
No sexually oriented business may remain open at any time between the hours of one o'clock (1:00) a.m. and eight o'clock (8:00) a.m.
16-12-18 - Injunction; Penalty.#
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of any provision of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business operates in violation of this Chapter constitutes a separate offense or violation. A violation of this Chapter is a Class B Misdemeanor and is punishable as such.