ORDINANCE NO. 1797
AN ORDINANCE PERTAINING TO THE LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN CORPORATE LIMITS OF THE CITY OF GOODLAND, KANSAS AND AMENDING CHAPTER 8 OF THE GOODLAND CITY CODE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:
Chapter 8 – Licenses and Business Regulations is hereby amended to add and establish a new Article 5. Adult Entertainment Establishments to read as follows:
ARTICLE 5. – ADULT ENTERTAINMENT ESTABLISHMENTS
Sec. 8-501 – Definitions.
“Adult Entertainment Establishments” shall mean any business, premises or establishment as defined in Article 19 Zoning Regulations, Section 19-202 Definitions in the Municipal Code.
Sec. 8-502 – License—Required for adult entertainment establishment.
It shall be unlawful for any person to operate or maintain an adult entertainment establishment (also known as adult retail business) in the city unless the owner, operator or lessee thereof has obtained an adult entertainment establishment license from the city, or to operate such business after such license has been revoked or suspended by the city.
(b) It is unlawful for any employee, manager, operator or owner to knowingly perform any work or service directly related to the operation of an unlicensed adult entertainment establishment.
(c) The failure to post an adult entertainment establishment license in the manner required in this article shall be prima facie evidence that an adult entertainment establishment has not obtained such a license. In addition, it shall be prima facie evidence that any employee, manager or owner who performs any business, service or entertainment in an adult entertainment establishment in which an adult entertainment establishment license is not posted in the manner required in this article had knowledge that such business is not licensed.
(d) Any business that engages in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general 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 shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate city officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an adult entertainment establishment as defined in this article. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of such business.
Sec. 8-503 – Adult retail business license application.
All persons desiring to secure a license to operate an adult entertainment establishment as required by this article shall make a verified application with the city clerk. All applications shall be submitted in the name of the person who owns the adult business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its president. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The city clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the city clerk and shall require all of the following information:
(1) The name, residence address, home telephone number, occupation, date, place of birth and social security number of the applicant.
(2) The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
(3) The name of the adult entertainment establishment, a description of the type of adult entertainment business to be performed on the licensed premises, and the name of the owner of the premises where the adult entertainment establishment will be located.
(4) The names, residence addresses, social security numbers and dates of births of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all corporate officers and directors and stockholders or members who own more than 25 percent interest in the corporation.
(5) A statement from the applicant whether the applicant, or any corporate officer or director, or stockholder, partner or member who owns more than 25 percent interest in such entity in previously operating in this or another city, county or state, has had an adult business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
(6) A statement from the applicant, all partners or each corporate officer and director
that each such person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the state, statutes or municipal ordinances. The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
(7) If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas secretary of state.
(8) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this article regulating adult businesses.
(b) Manager, employee or independent contractor license.
It shall be unlawful for any person to be an employee of an adult entertainment establishment without a valid license; provided, however, that the provisions of this subsection shall not apply to an employee of an adult bookstore, adult novelty store or adult video store.
All persons desiring to secure a license to be a manager, employee or independent contractor shall make a verified application with the city clerk. All applications shall be submitted in the name of the person proposing to be a manager, employee or independent contractor. All applications shall be submitted on a form supplied by the city clerk and shall require all of the following information:
(1) The applicant’s name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used.
(2) If applicable, the name and address of each adult retail business where the applicant intends to work as a manager, employee or independent contractor.
(3) A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of, or diverted from prosecution on a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the state statutes or municipal ordinances. The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
(4) The applicant shall present to the city clerk, who shall copy documentation that the applicant has attained the age of 21 years at the time the application is submitted. Refer to the application for acceptable forms of identification.
Failure to provide the information required by this article shall constitute an incomplete application. The city clerk shall notify the applicant whether or not the application is complete within ten working days of the date the application was received by the city clerk.
Sec. 8-504 – Fees.
(a) The annual nonrefundable licensing fee for an adult entertainment establishment or for the renewal thereof is $2,000.00.
(b) The first year’s application fee for an adult entertainment establishment shall be an additional $250.00.
Sec. 8-505 – License limited to one identifiable type of adult use.
Adult entertainment establishment business licenses may be issued only for the one identifiable type of adult entertainment establishment use listed on the application. Such use must be either as an “adult arcade”, “adult bookstore” or “adult novelty store” or “adult video store”, “adult cabaret”, “adult motion picture theater” or “adult theater” as defined in Section 19-202 of the zoning code. As to any adult entertainment establishment holding a single license, any change in the type of adult entertainment establishment use shall invalidate the adult entertainment establishment business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult entertainment establishment use. All adult retail business licenses shall be issued only for the one adult business use listed on the application.
Sec. 8-506- Examination of application; issuance of license; disapproval.
- Application processing. Upon receipt of an application for an adult entertainment establishment, manager, employee or independent contractor, the city clerk shall immediately transmit one copy of the application to the chief of police for investigation of the application. In addition, the city clerk shall transmit a copy of the application to the building official and the fire inspector. It shall be the duty of the chief of police or his designee to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements of this article for issuance of the license for which the application is made. The chief of police shall report the results of the investigation to the city clerk not later than ten working days from the date the application is received by the city clerk. It shall be the duty of the building official and the fire inspector to determine whether the structure where the adult entertainment establishment will be conducted complies with the requirement and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the city. The fire inspector shall report the results of the investigation to the city clerk no later than ten working days from the date the application is received by the city clerk.
- The City Manager, or his or her authorized representative, shall examine each complete application for a adult entertainment establishment license, including all investigation reports, within 30 days of the date such complete application was received by the City Clerk. After such examination, the City Manager shall approve the issuance of a license only if the appropriate license fee has been paid, the applicant is qualified, and all the applicable requirements set forth herein are met.
- No license shall be approved for any person ineligible pursuant to the provisions herein. All incomplete applications shall be denied. The City Manager’s report on license examination shall be in writing and show the action taken on the application. If the license is granted, the City Manager shall issue the proper license.
- If an application for a license is disapproved, the applicant shall be immediately notified by certified mail, and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may appeal the denial to the governing body by submitting a request for the appeal, in writing, to the City Manager. An appeal shall be considered by the governing body at a regular or special meeting to be held within 15 days of receipt of the appeal. Any applicant aggrieved by the governing body’s disapproval of a license application may seek judicial review in a manner provided by law.
Sec. 8-507- Renewal.
(a) A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December 31 of each calendar year, and renewal applications for such licenses shall be submitted between November 1 and December 10.
(b) Upon timely application and review as provided for a new license, a license issued under the provisions of this ordinance shall be renewed by issuance of a new license in the manner provided herein.
(c) If the application for renewal of a license is not made during the time period provided herein, the expiration of such license shall not be affected and a new application shall be required. If a license is issued pursuant to such an application treated as a new application, the license fee shall include the first year’s application fee and the annual nonrefundable license fee as stated in Section 8-504 (a) and (b).
Sec. 8-508 Transfer of license.
No license issued under this ordinance shall be transferable to another person or property. No license issued under this ordinance shall serve to permit the conduct of any licensed business activities at any business location other than the location designated in the application. No license issued under this ordinance shall serve to permit the conduct of any sexually oriented business activities other than those within the classification for which application was made and for which the license was issued. Any change in the classification of sexually oriented business to be conducted at a location shall first require that a new license application for such other classification be submitted and approved, with the prior license then being revoked upon the granting of such approval.
Sec. 8-509- Penalty for violation.
Any person, partnership or corporation who violates any provision of this article shall be punished by a fine of not more than $500.00 for each violation. Each day’s violation of, or failure, refusal or neglect to comply with, any provision of this article shall constitute a separate and distinct offense.
This Ordinance shall take effect and be in force from and after publication in the official city newspaper.
PASSED AND APPROVED by the Governing Body of the City of Goodland, Kansas,
on this 19th day of May, 2025.
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JJ Howard, Vice-Mayor
ATTEST:
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MARY VOLK, City Clerk