Sec. 11-101 License required for certain
activities.
Sec. 11-102 Carrying
on business at different places.
Sec. 11-103 Exhibiting
licenses.
Sec. 11-104 License
fees assessed.
Sec. 11-105 Penalty
for violation of article.
Sec. 11-106 Licenses
not transferable or assignable.
Sec. 11-201 Definition.
Sec. 11-202 Application
for license.
Sec. 11-203 Licensee
responsible for operators.
Sec. 11-204 Revocation
of license.
Sec. 11-206 Insurance
requirement.
Sec. 11-207 Jurisdiction.
Sec. 11-208 Penalty.
Sec. 11-301 Definitions.
Sec. 11-302 Application
for license; fee; renewal.
Sec. 11-303 Responsibility
of licensee for operators.
Sec. 11-304 Requirements
for drivers.
Sec. 11-305 Safety
requirements for taxicabs.
Sec. 11-306 Insurance
requirements.
Sec. 11-307 Transfer
of licenses.
Sec. 11-308 Scope
of article.
Sec. 11-309 Revocation
of license.
Sec. 11-310 Penalty
for violation of article.
Sec. 11-401 Door-to-door solicitation within the
city of
Sec. 11-401A1 Door-to-door solicitation by charitable
organizations
Sec. 11-402
Sec. 11-402A1 Definitions.
Sec. 11-402A2 License required.
Sec. 11-402A3 Penalties.
Const. law reference-Power to levy fees, charges,
etc., art. 12, § 5,
State law reference-Procedure for levying fees,
license fees exempted, K.S.A. 12-137.
Cross references-Alcoholic beverages, Ch. 4; private clubs
for consumption of alcoholic beverages, § 4-401 et seq.; permit to sell food or
refreshments at the airport required, § 5-104; certification of master
electrician, § 6-304; storage of personal property on public streets and sidewalks
prohibited, § 70-102.
Article VI. Junkyards
Sec. 11-601 Declaration
of purpose.
Sec. 11-602 Definitions.
Sec. 11-603 Prohibited;
exceptions; authority of City Manager.
Sec. 11-604 Requirements
as to screening.
Sec. 11-605 Lawfully
in existence.
Sec. 11-606 Nuisance
declared; abatement.
Sec. 11-607 Regulations
not exclusive.
Sec. 11-608 Penalty
for violation of article.
Sec. 11-701 thru
11-713 reserved.
Sec. 11-714 Definitions.
Sec. 11-715 Registration
required.
Sec. 11-716 Information
required.
Sec. 11-717 Registration
fee.
Sec. 11-718 Restrictions.
Sec. 11-719 Exemptions.
Sec. 11-720 Penalty.
Sec. 11-801 Definitions.
Sec. 11-802 Licensure; application; fee.
Sec. 11-803 Qualifications.
Sec. 11-804 Contents of License; Display;
License for Each Place of Business.
Sec. 11-805 Change in location of place of
business; notice; duplicate license; restrictions.
Sec. 11-806 Examination of books, accounts,
records.
Sec. 11-807 Suspension or revocation of license;
notice and hearing.
Sec. 11-808 Report of property pledged or
purchased; required holding period for precious metal purchased; report not
open to public inspection.
Sec. 11-809 Record of transactions.
Sec. 11-810 Minors; prohibited transactions.
Sec. 11-811 Periodic inspections to determine
compliance.
Sec. 11-812 Transactions in precious metals,
requirements; refusal to redeliver stolen property to owner, effect.
Sec. 11-813 Criminal Penalty.
Article IX. Prohibiting the
Sec. 11-901 Purposes.
Sec. 11-902 Definitions.
Sec. 11-903 Identification
required.
Sec. 11-904 License
required.
Sec. 11-905 Fee.
Sec. 11-906 Non-transferability.
Sec. 11-907 Vending
Machines.
Sec. 11-908 Out-of-Package
Sales Prohibited.
Sec. 11-909 Tobacco
Samples Prohibited.
Sec. 11-910 Revocation
of License.
Sec. 11-911 Enforcement.
Sec. 11-912 Purchase of possession of cigarettes or other tobacco products by persons under 18 years of age.
Sec. 11-913 Severability.
Sec. 11-1001 Findings
and purpose.
Sec. 11-1002 Definitions.
Sec. 11-1003 License
required.
Sec. 11-1004 Application
for adult business license.
Sec. 11-1005 Standards
for issuance of license.
Sec. 11-1006 Permit
required for entertainers or employees.
Sec. 11-1007 Application
for an entertainer or employee.
Sec. 11-1008 Standards
for issuance of permit for an entertainer or employee.
Sec. 11-1009 License
and permits for adult businesses and employees, etc.
Sec. 11-1010 Display
of license, permit, or identification card.
Sec. 11-1011 Renewal
of license or permit.
Sec. 11-1012 Revocation
of license or permit.
Sec. 11-1013 Hours
of operation.
Sec. 11-1014 Responsibilities
of the operator.
Sec. 11-1015 Prohibitions
and unlawful acts for adult businesses.
Sec. 11-1016 Exceptions.
Sec. 11-1017 Penalties
and prosecutions.
Sec. 11-1018 Time
computation.
Sec. 11-1019 Hearing
Procedure.
Sec. 11-1020 Judicial
review – stay of enforcement of orders.
Sec. 11-1021 License
limited to one identifiable type of adult business.
Sec. 11-1022 Scienter
required to prove violation or business licensee liability.
Sec. 11-1023 Confidentiality.
Sec. 11-1024 Severability.
Changed: 1-11-08
Sec. 11-1101 Definition.
Sec. 11-1102 License
Application and Conditions.
Sec. 11-1103 Site
Plan and Other Conditions.
Sec. 11-1104 Annual
Fee.
Sec. 11-1201 Definition.
Sec. 11-1202 Registration.
Sec. 11-1203 Number
of sales per year.
Sec. 11-1204 Duration.
Sec. 11-1205 Location.
Sec. 11-1206 Signs
for sales.
Sec. 11-1207 Penalty. Changed: 7-22-04
ARTICLE I. LICENSES GENERALLY
Sec. 11-101 License
required for certain activities.
It shall be unlawful for any person, firm or
corporation either as principal or agent, to pursue, conduct, carry on or
operate within the City any carnivals, street fairs, shows or attractions,
fortunetellers and any other business, avocation, profession or occupation
named in this article, without paying a license fee in advance to the City
Clerk for a license therefore. The City
Clerk shall not issue any license as required in this section until the
application is approved by the Board of Commissioners. Each such license may be issued for the
number of days in which the application therefore is approved and the fee paid
in advance.
(Code 1982)
Sec. 11-102 Carrying
on business at different places.
No person shall pursue, conduct, carry on or operate
more than one kind of business named in this article at the same location, or
at different places within the City, without a license issued by the City.
(Code 1982)
Sec. 11-103 Exhibiting
licenses.
A. Every license issued for a place of
business shall be kept posted in a conspicuous place at the location for which
issued during the time that it is in force.
B. Licenses issued to itinerants,
peddlers, and others who have no fixed place of business shall be carried at
all times upon the person and shall be exhibited upon request of any Public
Safety Officer or any resident of the City.
(Code 1982)
Sec. 11-104 License
fees assessed.
There is hereby levied and assessed license fees as
follows:
A. Carnivals and street fairs, each
show or attraction for which an admission is charged, ten dollars ($10.00) per
day.
B. Fortunetellers, astrologers,
astronomers, clairvoyants, mind readers, palmists and persons by whatever name
known engaged in disclosing the past or predicting the future, five dollars
($5.00) per day.
(Code 1982)
Sec. 11-105. Penalty
for violation of article.
Any person violating any of the provisions of this
article shall be deemed guilty of a Class B misdemeanor.
(Code 1982)
Sec. 11-106 Licenses
not transferable or assignable.
No license under this article shall be transferable
or assignable.
(Code 1982)
ARTICLE II.
MOTOR BUSES
Sec. 11-201 Definition.
Wherever and whenever used in this article, the term
“motor bus” shall be defined as any motor-driven passenger vehicle used for the
purpose of transporting passengers for hire operating upon a fixed schedule
between fixed points within the City.
(Code 1982)
Sec. 11-202 Application
for license.
Each person, firm or corporation desiring to operate
any motor bus upon the streets of the City shall first make written application
in the Office of the City Clerk of said City, upon blanks furnished for that
purpose, setting forth the name, model, motor number, serial number, state
license number and passenger capacity of each vehicle for which license is
sought, and designating the proposed operator or operators thereof, and
agreeing that said motor bus shall at all times be operated in strict
accordance with all ordinances of said City and the statutes of the State of
Kansas. Said license shall be issued by
the City Clerk if the application is complete.
(Code 1982)
Sec. 11-203 Licensee
responsible for operators.
Each person, firm or corporation who shall make application
for a license as aforesaid shall be responsible for the driver or drivers
placed in charge of the motor bus operated by him, and the said application
shall contain as a part thereof, a statement on the part of the applicant
acknowledging such responsibility.
(Code 1982)
Sec. 11-204 Revocation
of license.
If complaint is made to the Governing Body of said
City that any licensee to whom a license has been issued hereunder, or any
motor bus driver employed by said licensee is, or has been, violating any of
the provisions of this article, or any ordinance of said City, or the statutes
of the State of Kansas, then the Governing Body of said City may hold a
hearing, of which hearing the licensee shall have notice, and if upon such
hearing the City Governing Body is satisfied that such complaint is true, the
license may be revoked, and if revoked, no license shall thereafter be issued
to such licensee.
(Code 1982)
Each person, firm or corporation, at the time of
making application for a license as above set forth, shall file with the City
Clerk of said City the proposed route of such motor buses over the streets of
said City, together with a time schedule and schedule of fares, which said
routing and schedules must be approved by the Governing Body of said City
before issue of a license, and the same, after having been so approved, shall
not be altered or changed without the approval and consent of said Governing
Body.
(Code 1982)
Sec. 11-206 Insurance
requirement.
No license shall be granted to any applicant until
said applicant has deposited with the City Clerk of said City a policy or
certificate of liability insurance for each motor bus for which license is
sought, said policy or certificate of liability insurance to be acceptable to
and approved by the Governing Body of said City and issued by a company
authorized to transact business within the state of Kansas, in the sum of at
least fifty thousand dollars ($50,000) for bodily injury to one person, and one
hundred thousand dollars ($100,000) for bodily injury to more than one person,
and twenty-five thousand dollars ($25,000) property damage arising out of any
one accident, and including passenger hazard.
The policy or certificate of insurance shall state that it is given to comply
with the terms and provisions of this article, and obligating the company
issuing the same to give thirty (30) days notice in writing before cancellation
thereof to the City Clerk of said City; any license issued to be automatically
revoked upon the lapse or termination of said policy or certificate of
insurance.
(Code 1982)
Sec. 11-207 Jurisdiction.
The provisions of this article shall not apply to
motor vehicles operating between points without the City and points within the
City, nor between points without the City, whose route lies in or through said
City.
(Code 1982)
Sec. 11-208 Penalty.
Each person, firm or corporation violating any of
the provisions of this article shall be deemed guilty of a Class B misdemeanor.
(Code 1982)
ARTICLE III.
TAXICABS
Sec. 11-301 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:
Taxicab- means any motor-driven
passenger vehicle used for the purpose of transporting passengers for hire.
(Code 1982)
Cross reference-Definitions and rules of construction
generally, § 1-101; 1-102.
Sec. 11-302 Application
for license; fee; renewal.
A. Each person, firm or corporation
desiring to operate any taxicab upon the streets of the City shall first make
written application in the Office of the City Clerk, upon forms furnished for
that purpose, setting forth the name, model, motor number, serial number, state
license number and passenger capacity of each vehicle for which license is
sought, designating the proposed operator
B. Taxicab licenses shall be renewed
annually on or before January 15th of each year by meeting all the requirements
set forth in subsection (A) for a license application. No person shall operate any taxicab in the
City unless a valid, current City license has been issued for such operation.
(Code
1982)
Cross reference-Traffic and motor vehicles, Ch. 13.
State law references-Taxicab license authorized,
K.S.A. 8-235(b); motor carriers, passenger, or operators thereof, and agreeing
that such taxicab shall at all times be operated in strict accordance with all
ordinances of the City and statutes of the State. All such applications must be accompanied by
an application fee of ten dollars ($10.00), proof of safety inspection approval
for each vehicle for which license is sought, and proof of required insurance
coverage for each vehicle for which license is sought. K.S.A. 66-1302 et seq.
Sec.
11-303 Responsibility of licensee
for operators.
Each
person who shall make application for a license under this article shall be
responsible for the drivers placed in charge of the taxicabs operated by him,
and the application shall contain, as a part thereof, a statement on the part
of the applicant acknowledging such responsibility.
(Code
1982)
Sec.
11-304 Requirements for drivers.
No
person shall be allowed to drive or operate a taxicab within the City unless
such person shall be eighteen (18) years of age or older and the holder of a
valid Class C driver’s license as defined by Kansas Statutes Annotated and the
Division of Vehicles of the State Department of Revenue.
(Code
1982)
State
law reference-Classes of driver’s
licenses, K.S.A. 8-2346.
Sec.
11-305 Safety requirements for
taxicabs.
Any
person or firm intending to operate a motor vehicle as a taxicab must first
provide the City Clerk with a copy of the official certificate of approval of
such vehicle from an official motor vehicle inspection station licensed by the
State of Kansas pursuant to law. All
taxicabs operating within the City of Ottawa must be approved by an official
inspection station annually and proof of such approval must be supplied to the
City Clerk and must be conspicuously displayed in such taxicabs at all times.
(Code
1982)
Sec.
11-306 Insurance requirements.
It
shall be unlawful to operate a taxicab or permit the same to be operated in the
City and no license for the operation thereof shall be granted until the
applicant for a license shall provide the City Clerk a policy of liability
insurance issued by an insurance company authorized to do business in the State
of Kansas and issued to and covering such applicant and each and every taxicab
described in the application. Such policy
shall provide liability coverage of not less than twenty-five thousand dollars
($25,000) for injury to or death of one person and not less than fifty thousand
dollars ($50,000) for injury to or death in any one accident and not less than
ten thousand dollars ($10,000) for damage to property in any one accident. The insurance coverage shall be effective
whether the taxicab is driven by the owner, his or her agent, employee, lessee
or licensee. The policy of insurance
shall further provide that it cannot be canceled until twenty (20) days’
written notice of such cancellation has been filed with the City Clerk of this
City. The cancellation or other
termination of any insurance policy issued for or in compliance with the
provisions hereof shall be in full force and effect at the time of such
cancellation, or becomes effective.
Failure to maintain insurance coverage as provided in this article shall
be cause for immediate revocation of licenses issued pursuant to this
article. Persons in violation of the
provisions of this section shall be subject to the penalties set forth in
Section 11-310.
REVISED: (Ord. No.
3224-97, 03-05-97)
State
law references-Liability insurance
requirement, K.S.A. 66-1302; certificate of public convenience and necessity,
K.S.A. 66-1,114; inspection, K.S.A. 66-1318, 66-1319.
Sec.
11-307 Transfer of licenses.
No
license shall be transferable from one owner to another, and no refund will be
made of any license fee, or part thereof, paid to the City under the provisions
of this article; provided, that if the owner of any motor-driven passenger
vehicle, licensed as in this article provided for, shall permanently
discontinue the use of such vehicle as a taxicab in the City, and shall replace
the vehicle with another motor-driven passenger vehicle, immediate application
shall be made by the owner to the City Clerk for the transfer of such license
to the motor-driven passenger vehicle being placed in the taxi service within
the City, and such transfer for the unexpired portion of the term shall be made
without additional cost or expense to the licensee.
(Code
1982)
Sec.
11-308 Scope of article.
The
provisions of this article shall not apply to motor vehicles operating upon a
fixed schedule between fixed points within the City, nor between points without
the City and points within the City, nor between points without the City whose
route lies in or through the City.
(Code
1982)
Sec.
11-309 Revocation of license.
If
complaint is made to the Board of Commissioners that any licensee to whom a
license has been issued under this article, or any taxicab driver employed by
such license, is, or has been, violating any of the provisions of this article,
or any ordinance of the City, or the statutes of the State, then the Board of
Commissioners may hold a hearing, of which the licensee shall have notice, and
if upon such hearing, the Board of Commissioners is satisfied that such
complaint is true, the license may be revoked.
Once revoked, no license shall thereafter be issued to such former licensee.
(Code
1982)
Sec.
11-310. Penalty for violation of
article.
Any
person violating any of the provisions of this article shall be deemed guilty
of a Class C misdemeanor. For each day
that any person shall violate any of the provisions of this article, such
violation shall be deemed a separate offense.
(Code
1982)
ARTICLE IV. SOLICITORS, PEDDLERS, ITINERANT
MERCHANTS
Sec.
11-401 Door-to-door solicitation
within the City of
Practice
of going in and upon private residences in the City by solicitors, peddlers,
hawkers, itinerant merchants and transient vendors of merchandise (hereinafter
“solicitors”) for the purpose of soliciting orders for the sale of goods or
merchandise or for the purpose of disposing of or peddling or hawking the same,
not having been invited to do so by the owners or occupants of such private
residence, is allowed under the following conditions:
A. All such solicitors shall first
apply for a license with the City Clerk, the fee for which shall be twenty-five
dollars ($25.00) annually for each individual person acting as a solicitor as
described herein regardless of whether such solicitor is one of many solicitors
working for the same employer or under the auspices of the same employer or
whether solicitor is working alone. All
such solicitors shall carry with them at all times while engaged in the type of
solicitation covered by this ordinance the license issued to them by the City
Clerk.
B. All door-to-door solicitation as
described in Paragraph A of this Ordinance is prohibited at all times where the
occupant of any residence has posted a sign or notice at such residence
indicating that such occupant does not wish to be visited or approached by
solicitors.
C. All door-to-door solicitation as
described in Paragraph A shall occur between the hours of eight o’clock (8:00)
a.m. and eight o’clock (8:00) p.m., Monday through Saturday.
REVISED: (Ord.
No. 3108-94, 08-18-94)
Sec.
11-401A1 Door-to-door solicitation by
charitable organizations
This
ordinance does apply to solicitations from non-profit charitable, service, or
educational organizations such as the Girl Scouts, Boy Scouts, Jaycees,
Kiwanis, Rotary, Lions Club, Franklin County Historical Society, or similar
organizations, or churches or church-related organizations engaged in fund
raising to promote the aims of such organizations or institutions, but such
organizations or institutions shall not be required to pay a fee.
REVISED: (Ord.
No. 3108-94, 08-18-94)
Sec.
11-402
A. It shall be unlawful for any person to display for sale, trade or barter or to offer for sale, trade or barter upon any street, alley, sidewalk or public place within the City, by auction or otherwise, any goods, wares, merchandise, drugs, medicines, machinery, implements, motor vehicles or tractors, or merchandise or commodities of any description, unless such practice is authorized by action of the Board of Commissioners for certain special occasions or events as the Board of Commissioners may deem appropriate.
(Code
1982)
Sec.
11-402A1 Definitions.
For
the purpose of this chapter, the following words as used herein shall have the
following meanings:
Itinerant solicitors- an itinerant solicitor is defined as any individual,
whether resident of the City of Ottawa or not, traveling by any means, going
door-to-door, house-to-house, or from street to street, taking or attempting to
take orders for the sale of goods, wares or merchandise, personal property of
any nature whatsoever for future delivery, or for services to be furnished or
performed in the future, whether or not such individual has, carries, or
exposes for sale a sample of the subject of such sale or whether s/he is
collecting advance payments on such sales or not, provided that such definition
shall include any person who, for himself, or for another person, firm, or
corporation, hires, leases, uses or occupies any building, structure, tent,
railroad box car, boat, hotel room, lodging house, motel room, apartment, shop,
or any other place within the City for the purpose of exhibiting samples and
taking orders for future delivery.
Itinerant merchant or itinerant vendor- for the purpose of this ordinance an itinerant
merchant or itinerant vendor is defined as any person, firm or corporation,
whether as owner, agent, consignee or employee, whether a resident of the city
or not, who engages in a temporary business of selling and delivering goods,
wares and merchandise within said City, and who, in furtherance of such
purpose, hires, leases, uses or occupies any building, structure, motor
vehicle, tent, motel, lodging houses, apartments, shops, or any street, alley,
or other place within the City for the exhibition and sale of such goods, wares
and merchandise, either privately or at public auction provided that such
definition shall not be construed to include any person, firm, or corporation
who, while occupying such temporary location, does not sell from stock, but
exhibits samples only for the purpose of securing orders for future delivery
only. The person, firm or corporation so
engaged shall not be relieved from complying with the provisions of this
ordinance merely by associating temporarily with any local dealer, trader,
merchant or auctioneer, or by conducting such transient business in connection
with, as part of, or in the name of any local dealer, trader, merchant or
auctioneer.
For the purpose of this ordinance the words “itinerant
salesman” shall mean any person, firm, or corporation, whether a resident of
the City or not, who engages in any manner in selling merchandise of any kind
from a wagon, automotive vehicle, or stand temporarily located on the public
streets or sidewalks of this City.
Seasonal itinerant vendors- for the purpose of this ordinance a seasonal itinerant
vendor is any person, firm, or corporation, whether as owner, agent, consignee
or employee, who uses public rights-of-way to sell ice cream, hot dogs, or
similar items.
Premises-
premises is defined as any building or property used for residential,
commercial, educational, or industrial activity.
Charitable-
charitable means and includes patriotic, philanthropic, social service,
welfare, benevolent, educational, civic or fraternal, either actual or
purported.
Religious-
religious means and includes charitable as herein defined, but shall be given
its commonly accepted meaning.
Residence-
residence shall mean and include every separate living unit occupied for
residential purposes by one or more persons, contained within any type of
structure.
Person- person may be plural or singular and shall mean and
include any individual person, firm, or corporation, association, club,
partnership, or society, or any other organization and the agents, servants, or
representatives thereof, including religious or charitable organization.
Licensed solicitor or peddler- this phrase shall mean and include any person who has
obtained a valid permit and license as hereinafter provided, which permit and
license is in the possession of the solicitor or peddler on his or her person
while engaged in soliciting or peddling.
Seasonal business operation- seasonal business operation is hereby defined as any person, firm, corporation, whether as owner, agent, consignee or employee, who engages in the seasonal business of selling or delivering goods, wares, merchandise, within said City, who furtherance of said purpose, hires, leases, uses or occupies and building structure, motor vehicle, tent, motel, lodging house, apartment, shops on any street, alley or any other place within the City for the exhibition or sale of such goods, wares, or merchandise, either privately or public auction, and who intends to do so for a period not to exceed ninety (90) days.
A. This
section shall not include the following activities:
1. Door-to-door,
house-to-house, or place-to-place sales, canvassing, or soliciting.
2. Exhibitions, street fairs, expositions, promotional ventures, or entertainment where a special use permit has been obtained, or where such activity is sponsored in part by the City.
3. Auctions where the items being auctioned are from a permanent business or residence and are being auctioned at that business or residence.
4. Garage
sales.
5. Sales of agricultural products grown and sold or offered for sale by the individual raising or growing such products.
6. Sales conducted within the following structures: hotels, motels, trade centers, convention centers, and shopping malls.
7. After application and approval by the Ottawa City Commission, any activity sponsored or approved by the Ottawa Chamber of Commerce is specifically exempted from this ordinance.
REVISED: (Ord.
No. 3103-94, 06-01-94; Ord. No. 3230-97, 04-16-97)
Sec.
11-402A2 License required.
A. It shall be unlawful for any person or for any agent, servant or employee to engage in, carry on, or conduct the business of an itinerant solicitor, itinerant merchant, itinerant vendor, seasonal itinerant vendor, licensed solicitor or peddler, or seasonal business operation, without first having obtained a license from the City.
B. Expiration
of license; non-transferable.
1. All licenses issued by the City shall be for a period of either thirty (30) days, or ninety (90) days, depending on the classification of the license. Licenses for the seasonal itinerant vendor or seasonal business operation shall be for a period of ninety (90) days, all other licenses issued by the City pursuant to this section shall be for a period of thirty (30) days.
2. A license is not transferable to any other person, firm, or corporation and cannot be used for any activity or at a location other than those listed on the application and approved for licensing.
C. License application. All persons, agents, corporations, or employees subject to this ordinance may obtain licenses through the City Clerk’s office. A license may be issued only upon the completion of a license application provided by the Office of the City Clerk. The application shall require the following information:
1. Name
and permanent address of applicant, showing proof of identification;
2. A description of the nature of the business and the items, goods, merchandise, or services being offered.
3. A description of the proposed site, including the dimensions of the area being used, the proximity to buildings, parking lots, rights-of-way or other such areas, and description of any structure, implement, stand, display prop, or other such items used for the activity including signs, banners or other attention getting devices.
4. A
current sales tax license from the State of
5. The name, address, telephone number, and authorized signature of the owner or manager of the property where the activity is to take place.
6. Identification of zoning classification for the area of the proposed activity as provided by the City Inspector or other authorized City official. Such identification shall not constitute approval of such activity in that zoning classification by the City.
7. Dates
and time the activity will be conducted or carried on.
8. Name and permanent address of any agents, employees, partners, companies or organizations being represented in relation to the transient merchant activities.
9. Signature of applicant indicating that all of the information provided is true and correct.
D. License
fee:
1. The license fee for engaging in, carrying on, or conducting business as a merchant, peddler, itinerant merchant, itinerant vendor, as defined in this ordinance shall be the sum of twenty-five dollars ($25.00) to be paid prior to receiving a license. Payment of the fee shall be by cash or certified check.
2. In the case of seasonal itinerant vendor or seasonal business operation, the license shall be for a period of ninety (90) days and the license fee shall be fifty dollars ($50.00).
E. Any person engaged in activities as described in the definitions of this ordinance shall exhibit his or her or its license at the request of any citizen or law enforcement officer.
REVISED: (Ord.
No. 3230-97, 04-16-97)
Sec.
11-402A3 Penalties.
Any
person, firm or corporation violating any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine of not less than one
hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by
imprisonment not to exceed sixty (60) days or both such fine and punishment.
REVISED: (Ord.
3103-94, 06-01-94)
ARTICLE V.
This Article deleted and left blank intentionally.
Ordinance No. 3256-98 dated February 4, 1998
REVISED: (Ord.
No. 2970-91, 05-01-91; Ord. No. 3256-98,
02/04/98)
ARTICLE VI.
JUNKYARDS
Sec
11-601 Declaration of purpose.
For
the purpose of promoting the public safety, health, welfare, convenience and
enjoyment of public travel, to protect the public investment in public streets
and to preserve and enhance the scenic beauty of property bordering public
streets, it is hereby declared to be in the public interest, and necessary and
appropriate to regulate and restrict the establishment, operation and
maintenance of junkyards in areas adjacent to streets and roads or alleys
within the City.
(Code
1982)
Cross
reference-Environment, Ch. 10.
State
law references-Junk dealers, K.S.A.
50-619 et seq.; junkyard and salvage control act, K.S.A. 68-2201 et seq.
State
law reference-Similar provisions,
K.S.A. 68-2201.
Sec.
11-602 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:
Automobile graveyard- means any establishment or place of business which is
maintained, used or operated for storing, keeping, buying or selling wrecked,
scrapped, ruined, dismantled or inoperative motor vehicles or motor vehicle
parts.
Junk- means
old or scrap copper, brass, rope, rags, batteries, paper and rubber; trash,
debris and waste; junked, dismantled or wrecked automobiles or parts thereof;
and iron, steel and other old or scrap ferrous or nonferrous material.
Junkyard-
means an establishment or place of business which is maintained, operated or
used for storing, keeping, buying or selling junk, or for the maintenance or
operation of an automobile graveyard.
(Code
1982)
Cross
reference-Definitions and rules of
construction generally, § 1-101; 1-102.
State
law reference-Similar provisions,
K.S.A. 68-2203.
Sec.
11-603 Prohibited; exceptions;
authority of City Manager.
No
person, firm or corporation shall establish, operate or maintain a junkyard,
except those which are screened by natural objects, plantings, fences or other
appropriate means so as not to be visible from the main traveled way of the
street, road or alley, or those which are otherwise removed from sight and are
located within areas which are zoned for industrial use (I-2) under authority
of the City Zoning Ordinances, and those which are not visible from the main
traveled way of the street, road or alley.
(Code
1982)
Sec.
11-604 Requirements as to
screening.
The
City Manager or his designated representative shall have the authority to
approve the setback, location, planting, construction and maintenance of the
junkyard, including the materials used in screening or fencing as required by
this article and the Zoning Ordinance.
(Code
1982)
Cross
reference-I-2 Heavy industrial
district, App. B, Art. XX.
Sec.
11-605 Lawfully in existence.
All
junkyards in existence and visible from the main traveled way of any street,
road or alley shall be screened.
(Code
1982)
Cross
reference-Streets and sidewalks, Ch.
70.
State
law reference-Similar provisions,
K.S.A. 68-2207.
Sec.
11-606 Nuisance declared;
abatement.
Any
junkyard which is not made to conform to the article by the owner or operator
thereof is declared to be a public and private nuisance and may be removed,
obliterated or abated by the Governing Body of the City of
(Code
1982)
Cross
reference-Environment, Ch. 10.
State
law reference-Nuisances, K.S.A.
68-2209.
Sec.
11-607 Regulations not exclusive.
Nothing
in this article shall be construed to abrogate or affect the provisions of any
other ordinance, regulation or resolution which may be more restrictive than
the provisions of this article.
(Code
1982)
Sec.
11-608 Penalty for violation of
article.
Any
person who shall violate any provisions of this article shall be guilty of a
Class B misdemeanor.
(Code
1982)
Sec.
11-701 thru 11-713 reserved.
Sec.
11-714 Definitions.
Private merchant guard service, guard service, patrol
service, security officer, and watchman-
means any person, firm or corporation who engages in a business for hire to
provide a protection service for the property of others and whose duties and
activities in that connection include patrolling, guarding or watching the
property of a subscriber, purchaser or client under contract or agreement to
provide a protective service.
For the purpose of this Chapter, private merchant
guard service, guard service, patrol service, security officer and watchman
will be referred to as “private security services.”
REVISED: (Ord.
No. 2966-91, 03-06-91)
Sec.
11-715 Registration required.
It
shall be unlawful for any person, either as owner, agent or otherwise, to
operate, conduct, maintain, advertise or otherwise engage in private security
services without first registering with the Chief of Police and without paying
the registration fee hereinafter provided for.
REVISED: (Ord.
2966-91, 03-06-91)
Sec.
11-716 Information required.
Every
person desiring to engage in private security services, either individually or
in conjunction with others, must complete and return to the Chief of Police a
registration form furnished by the Chief which shall require the following
information:
A. Applicant’s
full name, date of birth and sex.
B. The
business address of the applicant.
C. The
name under which the applicant intends to do business.
D. A statement as to the general nature of the business in which the applicant intends to engage.
E. A
full set of the applicant’s legible fingerprints.
F. A photo of the applicant which accurately depicts his/her current appearance.
Registration
hereunder shall not give the registrant any greater powers of arrest or
restraint than any citizen.
REVISED: (Ord.
2966-91, 03-06-91)
Sec.
11-717 Registration fee.
Every
person engaging in private security services shall pay an annual registration
fee of twenty-five dollars ($25.00). A
receipt indicating that:
A. The
applicant has duly registered.
B. Paid
an annual fee.
C. The effective dates of the registration will be issued to, and shall be carried by, the registrant while he/she is on duty.
REVISED: (Ord.
2966-91, 03-06-91)
Sec.
11-718 Restrictions.
No
private security service registered hereunder may contain the words “police” or
“law enforcement” in a business name.
Nor may any individuals or businesses registered to provide private
security services either wear uniforms, carry or wear badges or drive vehicles
with colors or markings which represent them to be, or appear substantially
similar to, officers of the Ottawa Police Department, Franklin County Sheriff’s
Department, or the Kansas Highway Patrol.
REVISED: (Ord.
2966-91, 03-06-91)
Sec.
11-719 Exemptions.
The
provisions of this article shall not apply to any commissioned law enforcement
officer or to any private detective licensed by the State of
REVISED: (Ord.
2966-91, 03-06-91)
Sec.
11-720 Penalty.
Violation
of any of the provisions of this Chapter shall be deemed a misdemeanor and any
person shall, upon conviction thereof, be fined in a sum not to exceed five
hundred dollars ($500.00), or imprisoned in jail for not more than six (6)
months, or be both so fined and imprisoned.
REVISED: (Ord.
2966-91, 03-06-91)
ARTICLE VIII.
PAWNBROKERS AND DEALERS IN PRECIOUS METALS
Sec.
11-801 Definitions
Pawnbroker-
means any person who loans money on deposit or pledge of personal property or
other valuable thing, other than intangible personal property, or who deals in
the purchase of personal property on the condition of selling the same back
again at a stipulated price. A
Pawnbroker does not include any person operating under the supervision of the
State Banking Commissioner, Credit Union Administrator or Consumer Credit
Commissioner of the State of
Person- means any
individual, firm, company, partnership, corporation or association.
Precious
metal-
means gold, silver or platinum group metals or any used articles or other used
personal property containing such metals, but shall not include coins purchased
for their numismatic value rather than their metal content or ingots or other
industrial residue or by-products composed of such metals purchased from
manufacturing firms.
Precious
metal dealer- means any person who engages in the business of purchasing
precious metal for the purpose of reselling such metal in any form.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.11-802 Licensure; application; fee
A. No
person shall engage or continue in business as a pawnbroker or precious metal
dealer without first obtaining a license therefore from the City Clerk of the
City of
B. Application for a license shall be
in writing and shall state the full name and place of residence of the
applicant. If the applicant is a
partnership, the application shall contain the name and place of residence of
each member thereof or, if a corporation or association, of each officer,
shareholder or member thereof. The
application shall include the address of the places where the business is to be
conducted, the hours and days of the week during which the applicant proposes
to engage in the business of pawn broking or dealing in precious metals at each
such place, and such other information as may be necessary to determine the
applicant’s qualifications for a license in accordance with the provisions of
this ordinance. Each applicant shall
also submit with the application.
C. A statement that the applicant is
the holder of a valid registration certificate issued by the Director of
Revenue of the State of Kansas pursuant to K. S. A. 79-3608 for each place of
business for which application for a license is made.
D. A detailed inventory and description
of all goods, wares, merchandise, precious metals or other property held in
pledge or for sale at the time of the application at each place of business
stated therein, indicating whether the same was received in pledge, purchased
as secondhand merchandise or precious metal purchased for resale.
E. The license application shall be in
a form approved by the Attorney General.
Each application shall be accompanied by a fee of twenty-five dollars
($25.00) which shall be paid annually upon renewal of the license. All such fees received by the City Clerk
shall be deposited in the City’s General Fund.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-803 Qualifications.
No
License or renewal thereof shall be granted to:
A. Any person who is not a citizen of
the
B. Any person who has not been an
actual resident of the State of
C. Any person who has been convicted of
or who has pleaded guilty to a felony under the laws of this State, or any
other state, or of the United States, or shall have forfeited his bond to
appear in court to answer charges for any such offense within the ten (10)
years immediately prior to such person’s application for a license.
D. Any person whose license has been
revoked for cause under the provisions of this ordinance or K. S. A. 16-706 et
seq.
E. Any person is not at least
twenty-one (21) years of age.
F. Any person who at the time of
application for renewal of any license issued hereunder would not be eligible
for such license upon a first application.
G. Any person who does not own the
premises for which a license is sought, unless he has a written lease therefore
for at least three-fourths (3/4) of the period for which the license is to be
issued.
H. Any person whose spouse would be
ineligible to receive a license hereunder for any reason other than the age, citizenship
and residence requirements.
I. Any partnership, unless each of
the partners shall be eligible to receive a license as an individual.
J. A corporation, if any officer,
manager, director or stockholder would be ineligible to receive a license as an
individual.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-804 Contents of License;
Display; License for each Place of Business.
The
license of a pawnbroker or precious metal dealer shall state the address at
which the business is to be conducted and shall state fully the name of the
licensee. If the licensee is a
partnership, the license shall state the names of the members thereof and, if a
corporation, the date and place of its incorporation and the names of all
shareholders thereof. Such license shall
be kept conspicuously posted in the place of business of the licensee and shall
not be transferable or assignable. Not
more than one place of business shall be maintained under the same license, but
more than one (1) license may be issued to the same licensee upon compliance
with all the provisions of this act governing the issuance of an initial
license.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-805 Change in location of
place of business; notice; duplicate license; restrictions.
Whenever
a licensee shall change his place of business to another location within the
corporate limits of the City of
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-806 Examination of books,
accounts, records.
Each
licensee shall keep and use in the licensee’s business such books, accounts and
records as will enable the City Clerk or his designee, or the Chief of Police
or his designee, to determine whether such licensee is complying with the
provisions of this ordinance. The City
Clerk or his designee, or the Chief of Police or his designee, may examine or
cause to be examined the books, accounts, records and files used by any
licensee or by any other person engaged in the business of pawn broking or
dealing in precious metals, irrespective of whether such person acts or claims
to act as principal, agent or broker, or under or without authority of this
ordinance. The City Clerk or his
designee, and the Chief of Police or his designee, shall be given free access
to all such books, accounts, papers, records, files, safes and vaults.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-807 Suspension or revocation
of license; notice and hearing.
Any
license issued under this ordinance may be suspended or revoked, after due
notice and public hearing, if the licensee:
A. Has failed to pay the annual license
fee.
B. Has
violated any provisions of this act.
C. Has been convicted of or pleaded
guilty to a felony under the laws of this State, or any other state, or of the
United States, or shall have forfeited his bond to appear in court to answer
charges for any such offense, if such conviction or plea occurred subsequent to
or within the ten (10) years immediately prior to the date of the licensee’s
application for the license.
Any
license issued under this ordinance shall be revoked, after due notice and
hearing thereon, if it shall be proved at the hearing that the licensee sold
any handgun to a minor.
Said
hearing herein provided shall be held within thirty (30) days after notice
thereof, and the alleged violation determined by written order of the City
Manager within sixty (60) days after such hearing is concluded; but no
revocation or suspension or surrender of any license shall impair or affect the
obligation of any preexisting lawful contract between the licensee and any
borrower.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec. 11-808 Report of property pledged or purchased; required holding
period for precious metal purchased; report not open to public inspection.
A. On or before Tuesday of each week,
every pawnbroker or precious metal dealer shall report the description of all
property received in pledge or purchased as a pawnbroker or precious metal
dealer during the preceding calendar week, in whatever quantity received, and
such report shall be made in writing to the Chief of Police. Such report shall include all property
purchased as secondhand merchandise at wholesale, secondhand merchandise taken
in for sale or possessed on consignment for sale and secondhand merchandise
taken in trade. No such report need be
made concerning property or merchandise acquired from another pawnbroker or
precious metal dealer licensed in this State in a transaction involving the
purchase or other acquisition from the other pawnbroker or precious metal
dealer of the other pawnbroker’s or dealer’s stock in trade, or a substantial
part thereof in bulk, where the other pawnbroker has made the reports required
by this section with respect to such property or merchandise.
B. Every precious metal dealer shall
retain in the dealer’s possession for a period of ten (10) days all precious
metal purchased as a precious metal dealer, and such metal shall remain in the
condition in which it was purchased. The
ten (10) day period shall commence on the date that the Chief of Police receives
the report of its acquisition in compliance with this section. If the Chief of Police has probable cause to
believe that any precious metal reported by a dealer has been stolen, the Chief
of Police may give written notice to the dealer to retain such metal for an
additional period of fifteen (15) days.
Upon such notice, the dealer shall retain such metal in an unaltered
condition for an additional fifteen (15) day period unless the Chief of Police
notifies the dealer in writing that the waiting period is terminated at an
earlier time.
C. Reports made under this section
shall be available for inspection only by the Chief of Police or his designees,
the City Manager or his designees, the City Clerk or his designees, or the City
Attorney or his designees, and only for law enforcement purposes.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-809 Record of transactions.
A At the time of making a loan, a pawnbroker shall enter in a book kept for that purpose:
1. The
date, duration, amount and charges of every loan made by the pawnbroker.
2. A
full and accurate description of the property pledged.
3. The name, age, residence and driver’s license or other personal identification number of the pledgor.
B. At the time of purchasing precious
metal, a precious metal dealer shall enter in a book kept for that purpose:
1. The
date of the purchase.
2. A full and accurate description of each item purchased, including any identifying letters, numbers or marks on the item.
3. The name, age, residence and driver’s license or other personal identification number of the seller.
C. The record required by this section
shall be maintained by the pawnbroker or precious metal dealer at the
pawnbroker’s or dealer’s place of business for not less than one 91) year
following the date of the transaction.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-810 Minors; prohibited
transactions.
A. No pawnbroker shall receive into pledge, or as security for any loan, transfer, service, undertaking or advantage, anything of value from any person under the age of eighteen (18) years.
B. No precious metal dealer shall purchase any precious metal from any person under the age of eighteen (18) years.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-811 Periodic inspections to
determine compliance.
The
City Clerk or his designee or the Chief of Police or his designees shall have
access during regular business hours to the place of business of any pawnbroker
or precious metal dealer conducting business within the City. Access shall be for the purpose of
periodically inspecting property pledged or purchased in the transaction of the
business of the pawnbroker or precious metal dealer, and records relating to
those transactions, to determine if the pawnbroker or dealer is complying with
the provisions of this ordinance.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec. 11-812 Transactions in precious metals, requirements; refusal to
redeliver stolen property to owner, effect.
A
precious metal dealer shall require of every person from whom the dealer
purchases precious metal for resale:
A. Proof
of identification.
B. A signed statement saying that the seller is the legal owner of the precious metal or is an agent of the legal owner who is authorized to sell such metal and stating when, where and in what manner such metal was acquired by the seller.
REVISED: (Ord.
No.3219-97, 03-05-97)
Sec.
11-813 Criminal Penalty.
A
violation of this ordinance shall be a Class B misdemeanor.
REVISED: (Ord.
No.3219-97, 03-05-97)
IX.
Prohibiting the
Sec.
11-901 Purposes.
The
Governing Body of the City of Ottawa, Kansas, finds that youth addiction to
tobacco products is a public health problem with grave health
consequences. The purpose of this
ordinance is to provide a strict and enforceable means of preventing the
illegal sale of tobacco products to minors.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-902 Definitions.
License- means a license issued by the City of Ottawa, Kansas for the retail sale of tobacco products.
Licensee- means the holder of a valid license for the retail sale of tobacco products.
Minor- means
any person under eighteen (18) years of age.
Public Place- means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the City, and any school district, or any park district.
Retail Tobacco Store- means a retail store where tobacco products are sold.
Self-Service Displays- means open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of a store employee.
Tobacco Product- means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco or any other form of tobacco or tobacco papers which may be used for smoking, chewing, inhaling or ingesting by any other means.
Tobacco Vending Machine- means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, or slugs.
Vendor-assisted- means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until after it is purchased.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-903 Identification required.
No
retailer shall sell or permit to be sold any tobacco products to an individual
without requesting and examining photographic identification or other evidence
establishing the purchaser’s age as eighteen (18) years or greater.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-904 License required.
After
July 1, 1997, it shall be unlawful for a retailer to sell cigarettes or other tobacco
products unless that retailer holds and maintains a valid license from the City
of Ottawa, Kansas, for each location in which tobacco products are sold. All such licenses shall be renewed annually
for each calendar year after the first license is granted.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-905 Fee.
The
fee for the license shall be twenty-five dollars ($25.00), and shall be due
before each initial license is granted, and thereafter again annually upon the
renewal of each license.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-906 Non-transferability.
A
tobacco retail license is non-transferable, except a new license will be issued
to a tobacco retailer who changes location.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-907 Vending Machines.
To
sell cigarettes or tobacco products by means of a vending machine in any
establishment, or portion of an establishment, which is open to minors is
prohibited except that this section shall not apply to:
A. The installation and use by a proprietor
of the establishment, or by the proprietor’s agents or employees, of vending
machines behind a counter, or in some place in such establishment, or portion
thereof, to which minors are prohibited by law from having access.
B. The installation and use of a
vending machine in a commercial building or industrial plant, or portions
thereof, where the public is not customarily admitted and where machines are
intended for the sole use of adult employees employed in the building or plant.
C. A vending machine which has a
lock-out device which is inoperable in the continuous standby mode and which
requires manual activation by the person supervising the operation of the
machine each time cigarettes or tobacco products are purchased from the
machine.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-908 Out-of-Package Sales
Prohibited.
It
is unlawful to sell cigarettes out of the manufacturer’s package without
required health warnings. It is unlawful
to sell cigarettes in packages of fewer than twenty (20) cigarettes per
package.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-909 Tobacco Samples
Prohibited.
No
person shall knowingly distribute or furnish without charge or at nominal
charge, or cause to be furnished or distributed without or at nominal charge,
cigarettes or other tobacco products, or coupons for cigarettes or other
tobacco products, in any public place or at any event open to the public,
except in retail tobacco stores.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-910 Revocation of Licenses.
A. Any license holder who violates any provisions of this ordinance shall have his license suspended after notice and opportunity to be heard as follows:
1.
In the case of a first violation, the licensee
shall be fined up to two hundred dollars ($200) and shall be notified in
writing of penalties levied for further violations.
2.
In the case of a second violation within a
two-year period, the licensee shall be fined up to five hundred dollars ($500)
and the license shall be suspended for not less than thirty (30) consecutive
business days nor more than three (3) months.
Tobacco retailers must remove all tobacco merchandise from all areas
accessible to the public while the license is suspended.
3.
In case of three (3) or more violations within a
two year period, the licensee or his/her employee shall be fined up to one
thousand dollars ($1,000) and the license shall be revoked for not less than
six (6) months nor more than eighteen (18) months from the date of the
revocation. Tobacco retailers must
remove all tobacco merchandise from all areas accessible to the public while
the license is suspended.
B. The Municipal Court shall conduct hearings regarding license suspensions, if a license-holder requests such hearing in writing with the Clerk of the Municipal Court, within ten (10) days after receipt of notice of suspension. Rulings made by the Municipal Court, after such hearing, shall be final.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-911 Enforcement.
Violations
of Sections 11-904, 11-907, and 11-909 of this ordinance are subject to a fine
of up to one thousand dollars ($1,000.00) per day.
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec. 11-912 Purchase or Possession of Cigarettes or other Tobacco
Products by Persons Under 18 Years of Age.
A. It shall be unlawful for any person who is under eighteen (18) years of age to purchase or attempt to purchase or possess or attempt to possess cigarettes or other tobacco products.
B. Violation of this section is a cigarette and tobacco infraction for which the fine is twenty-five dollars ($25.00).
REVISED: (Ord.
No. 3248-97,10-15-97)
Sec.
11-913 Severability.
If
any provision, clause, sentence or paragraph of this ordinance or the
application thereof to any person or circumstance shall be held to be invalid,
such invalidity shall not affect the other provisions of this ordinance.
REVISED: (Ord.
No. 3248-97,10-15-97)
ARTICLE X.
ADULT ENTERTAINMENT
Sec. 11-1001. Findings
and purpose.
The City Commissioners 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 has
reviewed court cases regarding the regulation of adult businesses that have
discussed the detrimental secondary effects associated with such businesses and
has advised the City Commission 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 City Commission 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
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
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
City Commission 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.
Sec. 11-1002. Definitions.
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; massage establishment or massage parlor. 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
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
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.
Sec. 11-1003. License
required.
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
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.
Sec. 11-1004. Application
for adult business license.
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
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.
Sec. 11-1005. Standards
for issuance of license.
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
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
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
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.
Sec. 11-1006. Permit
required for entertainers or employees.
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
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.
Sec. 11-1007. Application
for an entertainer or employee.
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
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.
Sec. 11-1008. Standards
for issuance of permit for an entertainer or employee.
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.
Sec. 11-1009. License
and permits for adult businesses and employees, etc.
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.
Sec. 11-1010. Display
of license, permit, or identification card.
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.
Sec. 11-1011. Renewal
of license or permit.
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.
Sec. 11-1012. Revocation
of license or permit.
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.
Sec. 11-1013. Hours
of operation.
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.
Sec. 11-1014. Responsibilities
of the operator.
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
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 or massage establishment 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.
Sec. 11-1015. Prohibitions
and unlawful acts for adult businesses.
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.
Sec. 11-1016. Exceptions.
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.
Sec. 11-1017. Penalties
and prosecutions.
A. Any person, partnership, or corporation who violates any
provision of this Article may be prosecuted in the
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.
Sec. 11-1018. Time
computation.
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
Sec. 11-1019. Hearing
Procedure.
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.
Sec. 11-1020. Judicial review - stay of enforcement of
orders.
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.
Sec. 11-1021. License limited to one identifiable type of
adult business.
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.
Sec. 11-1022.
Scienter required to prove violation or business licensee liability.
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.
Sec. 11-1023. Confidentiality.
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.
Sec. 11-1024. Severability.
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.
REVISED: (Ord.
No. 3268-98, 11-03-93; Ord. No. 3408-02, 03-06-02; Ord. No. 3635-07, 7-18-07 entire
Article X replaced) Changed: 01-11-07
ARTICLE XI.
SIDEWALK DINING
Sec.
11-1101 Definitions.
Licensee- shall mean the owner of a food service establishment that obtains a sidewalk dining license pursuant to this Ordinance.
Food service establishment- shall mean a business which possesses a valid
Sidewalk- shall mean City owned right-of-way or easement that adjoins the property line of the food service establishment.
REVISED:
(Ord. No. 3281-98, 08-05-98)
Sec.
11-1102 License Application and
Conditions.
A. Upon application of the owner(s) of a food service establishment to the City Clerk, the City Commission may grant a conditional waiver from the prohibition of the use of the sidewalk for private purposes pursuant to the following conditions and requirements:
1. The proposed sidewalk dining use
shall be pursuant to the written permission of the record and equitable
property owner for the applicant food service establishment.
2. The use of the sidewalk shall be in conformance with the zoning regulations for the food service establishment. The use shall be limited to the sale, possession, and consumption of food and non-alcoholic beverages as part of the business of the food service establishment. The City and the licensee shall execute an agreement for the use of the sidewalk that shall include all conditions of the Article and such other conditions as the City Commission may require.
3. The
licensee shall possess a valid Kansas Food Service Establishment License
pursuant to K.S.A. 36-501 et. seq.
REVISED:
(Ord. No. 3281-98, 08-05-98)
Sec.
11-1103 Site Plan and Other
Conditions.
A. The licensee shall submit a site plan for the proposed use of the sidewalk that shall include elevation drawings. The proposed use shall maintain a minimum of six (6) feet width of unobstructed sidewalk between the food service establishment sidewalk use and the street curb or plantings, whichever is closer, for public use. The site plan shall state the square footage of sidewalk proposed for such use. The site plan shall require the composition of railings and barriers to be wrought iron and shall detail the style, design, and color of railings and barriers proposed for placement on the sidewalk. The site plan shall provide for the seating of the patrons of the food service establishment in the sidewalk dining area. The site plan shall contain such other conditions and restrictions on the use of the sidewalk as the City Commission determines appropriate for the use.
B. Review of the site plan shall be conducted by the State Historic Preservation Office if required by law.
C. The City may require the removal of fixtures placed on the sidewalk pursuant to this Article, including the immediate removal of any fixtures pursuant to City Public Works, or Utilities need or the removal during certain seasonal time periods (e.g. winter months). The licensee shall be solely responsible for any costs incurred in the removal of fixtures, and shall return the sidewalk to City pavement standards.
D. Upon the expiration of a license granted pursuant to this Article, the licensee shall cease the use of the sidewalk for business purposes and shall have fourteen (14) days to remove any fixtures placed on the sidewalk.
REVISED:
(Ord. No. 3281-98, 08-05-98)
Sec.
11-1104 Annual Fee
The
applicant shall annually pay a fee for the use of the sidewalk which shall be
two hundred dollars ($200.00) or a pro-rata portion thereof. The fee shall be paid at the time of the
license issuance and on the annual anniversary thereof. The fee shall be considered as a lease
payment for the commercial use of the sidewalk.
REVISED:
(Ord. No. 3281-98, 08-05-98)
Cross
Reference: Chapter 4, Sec. 4-101,
Definitions, and Sec. 4-501 Definitions, 08-05-98
ARTICLE XII.
GARAGE SALES
Sec.
11-1201 Definitions.
Garage Sale-
All general sales open to the public, conducted from or on a residential
premises, for the purpose of disposing of personal property, including but not
limited to all sales entitled rummage, lawn, yard, porch, room, backyard, patio
or garage sale. Sales of personal items
conducted at churches or schools for fundraising efforts is also included.
Personal Property- Property, which is owned, utilized and maintained and acquired in the
normal course of living in or maintaining a residence. It does not include merchandise, which was
purchased for resale or obtained on consignment.
Sec.
11-1202 Registration.
No person shall conduct any garage sale until such
time as registration has been made by the City Clerk.
Sec. 11-1203 Number
of sales per year.
It is unlawful for the same household to hold more
than two garage sales at the same location in the same calendar year, for a
total of not more than six (6) days in that year. However, this does not include up to (2)
city-wide sales sponsored by the Chamber of Commerce. Such city-wide sales shall be exempt from
this section. The City Manager may
authorize additional sales and/or sale days if warranted by unusual
circumstances.
Sec. 11-1204 Duration.
A. It is unlawful for any household to conduct a singular
garage sale lasting longer than four (4) consecutive days.
B. The garage sale may only be conducted during the hours
of 6:30 a.m. through 8:00 p.m.
C. All goods must be removed from the household’s
driveway, yard or outside area to an inside location before 8:00 p.m. each day.
Sec. 11-1205 Location.
All garage sales shall be confined to the garage,
house, driveway or yard of the household conducting the sale, and shall in no
manner encroach or be upon another person’s yard.
Sec. 11-1206 Signs
for sales.
All signs advertising or in any way giving public
notice of garage sales conducted pursuant to the provisions of this chapter are
permitted subject to the following limitations:
A. No permit is required.
B. Signs are limited to one on-premises sign (site of
sale) per street frontage and two off-premises signs (off site of sale)
permitted only with permission of property owner;
C. Signs must be located at least fifteen (15) feet from
the edge of the street pavement or behind any existing public sidewalks;
D. Signs are prohibited on utility poles, highway
right-of-way, park property and public property;
E. Signs shall not exceed three (3) square feet in area
and must not be illuminated;
F. No garage sale sign shall be displayed more than two
(2) days before the sale, and shall be removed within one (1) day following the
sale.
Sec.
11-1207 Penalty.
The violation of any provision of this chapter is a
misdemeanor, and any person convicted in the Ottawa Municipal Court of a
violation of the provisions set forth in this chapter shall be fined a sum not
to exceed five hundred dollars. Each day
any violation if this chapter continues shall constitute a separate offense.
NEW
ARTICLE CREATED: (Ord. No. 3469-04, 04-07-04)