12-770.   Nonconforming uses; sexually oriented businesses; definitions.(a) When used in this section:

      (1)   The words and phrases used in this section shall have the same meaningascribed thereto by K.S.A. 12-742, and amendments thereto;

      (2)   "adult arcade" means any place to which the public is permitted orinvited in which coin-operated, slug-operated or for any form of consideration,electronically, electrically or mechanically controlled still or motion picturemachines, projectors, video or laser disc players or other image-producingdevices are maintained to show images to five or fewer persons per machine atany one time, and where the images so displayed are distinguished orcharacterized by the depicting or describing of specified sexual activities orspecified anatomical areas.

      (3)   "adult bookstore", adult novelty store" or "adult video store" means acommercial establishment which, as one of its principal purposes, offers forsale or rental for any form of consideration any one or more of the following:

      (A)   Books, magazines, periodicals or other printed matter, or photographs,films, motion pictures, video cassettes or video reproductions, slides or othervisual representations which are characterized by the depiction or descriptionof specified sexual activities or specified anatomical areas; or

      (B)   instruments, devices or paraphernalia which aredesigned for use in connection with specified sexual activities;

      (4)   "adult cabaret" means a nightclub, bar, restaurant or similar commercialestablishment which regularly features:

      (A)   Persons who appear in a state of nudity or semi-nudity; or

      (B)   live performances which are characterized by the exposure of specifiedanatomical areas or by specified sexual activities; or

      (C)   films, motion pictures, video cassettes, slides or other photographicreproductions which are characterized by the depiction or description ofspecified sexual activities or specified anatomical areas;

      (5)   "adult motel" means a hotel, motel or similar commercial establishmentwhich:

      (A)   offers accommodations to the public for any form of consideration;provides patrons with closed-circuit television transmissions, films, motionpictures, video cassettes, slides or other photographic reproductions which arecharacterized by the depiction or description of specified sexual activities orspecified anatomical areas and has a sign visible from the public right-of-waywhich advertises the availability of this adult type of photographicreproductions; or

      (B)   offers a sleeping room for rent for a period of time that is less than10 hours; or

      (C)   allows a tenant or occupant of a sleeping room to subrent the room for aperiod of time that is less than 10 hours;

      (6)   "adult motion picture theater" means a commercial establishment where,for any form of consideration, films, motion pictures, video cassettes, slidesor similar photographic reproductions are regularly shown which arecharacterized by the depiction or description of specified sexual activities orspecified anatomical areas;

      (7)   "adult theater" means a theater, concert hall, auditorium or similarcommercial establishment which regularly features persons who appear in a stateof nudity or semi-nudity, or live performances which are characterized by theexposure of specified anatomical areas or by specified sexual activities;

      (8)   "escort" means a person who, for consideration, agrees or offers to actas a companion, guide, or date for another person, or who agrees or offers toprivately model lingerie or to privately perform a striptease for anotherperson;

      (9)   "escort agency" means a person or business association who furnishes,offers to furnish or advertises to furnish escorts as one of its primarybusiness purposes for a fee, tip or other consideration;

      (10)   "nude model studio" means any place where a person who appearssemi-nude, ina state of nudity, or who displays specified anatomical areas and is providedto be observed, sketched, drawn, painted, sculptured, photographed or similarlydepicted by other persons who pay money or any form of consideration. Nudemodel studio shall not include a college, community college or universitysupportedentirely or in part by public money; a private college or university whichmaintains and operates educational programs in which credits are transferableto a college, community college or university supported entirely, partly bypublic money or in a structure or private studio:

      (A)   That has no sign visible from the exterior of the structure and no otheradvertising that indicates a nude or semi-nude person is available for viewing;

      (B)   where, in order to participate in a class, a student must enroll atleast three days in advance of the class; and

      (C)   where no more than one nude or semi-nude model is on the premises at anyone time;

      (11)   "nudity" or a "state of nudity" means the showing of the human male orfemale genitals, pubic area, vulva, anus, anal cleft or cleavage with less thana fully opaque covering, the showing of the female breast with less than afully opaque covering of any part of the nipple or the showing of the coveredmale genitals in a discernibly turgid state.

      (12)   "sexual encounter center" means a business or commercial enterprisethat, as one of its principal business purposes, offers for any form ofconsideration:

      (A)   Physical contact in the form of wrestling or tumbling between persons ofthe opposite sex; or

      (B)   activities between either male and female persons or persons of the samesex, or both, when one or more of the persons is in a state of nudity orsemi-nude;

      (13)   "semi-nude" or in a "semi-nude condition" means the showing of thefemalebreast below a horizontal line across the top of the areola at its highestpoint or the showing of the male or female buttocks. Such term shall includethe lower portion of the human female breast, but shall not include any portionof the cleavage of the human female breast, exhibited by a dress, blouse,skirt, leotard, bathing suit or other wearing apparel provided the areola isnot exposed in whole or in part;

      (14)   "sexually oriented business" means an adult arcade, adult bookstore,adult novelty store, adult video store, adult cabaret, adult motel, adultmotion picture theater, adult theater, escort agency, nude model studio orsexual encounter center;

      (15)   "specified anatomical areas" means:

      (A)   The human male genitals in a discernibly turgid state, even ifcompletely and opaquely covered; or

      (B)   less than completely and opaquely covered human genitals, pubic region,buttocks or a female breast below a point immediately above the top of theareola.

      (b)   The governing body may adopt, in the manner provided by K.S.A. 12-741 etseq., and amendments thereto, reasonable regulations for the gradualelimination of sexually oriented businesses which constitute nonconforminguses.

      History:   L. 1997, ch. 147, § 10; May 1.