For the purposes of this Article, the following terms, phrases and words shall have the meanings ascribed to them in this Section:
(a) Adult Bookstore or Adult Video Store means an establishment which as one of its principal business purposes, offers for sale or rental for any form of Consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which depict or describe Specified Sexual Activities or Specified Anatomical Areas; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with Specified Sexual Activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing Specified Sexual Activities or Specified Anatomical Areas and still be categorized as Adult Bookstore or Adult Video Store so long as one of its principal business purposes is the offering for sale or rental for Consideration the specified materials which depict or describe Specified Sexual Activities or Specified Anatomical Areas.
(b) Adult Entertainment Establishment means any commercial establishment that is an Adult Bookstore, Adult Motion Picture Theater, Adult Hotel, or Adult Motion Picture Arcade as defined herein.
(c) Adult Hotel means a hotel or motel wherein a substantial or significant portion of the material presented over image-producing devices within individual rooms, which are occupied by guests, are distinguished or characterized by an emphasis on matter depicting or describing Specified Sexual Activities or Specified Anatomical Areas.
(d) Adult Motion Picture Arcade means any place at which slug or coin operated, electronically or mechanically controlled, still or motion picture machines, projector or other image producing devices are maintained to show images to five or fewer Persons per machine at any time, and which presents material which is distinguished or characterized by an emphasis on depicting or describing Specified Sexual Activities or Specified Anatomical Areas for observation by Patrons therein. The term does not include an Adult Hotel.
(e) Adult Motion Picture Theater means an enclosed building designed for five or more Patrons used for presenting any material distinguished or characterized by an emphasis on matters depicting, or relating to Specified Sexual Activities or Specified Anatomical Areas for observation of Patrons therein. The term does not include an Adult Hotel.
(f) City means the City of Park City.
(g) City Clerk means the City of Park City Clerk or his/her designee.
(h) Church means a premises or site used primarily or exclusively for religious worship and related religious services.
(i) Consideration means money or money’s worth.
(j) Diversion or Diversion Agreement means any formal referral of a defendant in a criminal case to a supervised performance program which upon successful completion results in the dismissal of the charges or complaint which is authorized pursuant to the laws of any city, state, or of the United States.
(k) Employee means any and all Persons including independent contractors who work in, at, or render any services to, the customers of an Adult Entertainment Establishment or Escort Service, or who render any services directly related to the operation of an Adult Entertainment Establishment or Escort Service but shall not include independent contractors indirectly related to such operation such as janitorial services, construction, maintenance, pest control, and trash removal.
(l) Escort means any Person who is held out to the public as available for hire and who, for monetary Consideration in the form of a fee, commission or salary, consorts with or accompanies, or who offers for monetary Consideration, to consort with or accompany another or others to or about social affairs, places of entertainment or amusement within any place of public resort or within any private quarters.
(m) Escort Service means any Person, as defined herein, which for a fee, commission, profit, reward, payment or other monetary Consideration furnishes, refers, or offers to furnish or refer Escorts, provides or offers to introduce Patrons to Escorts, or arranges for Escorts to accompany Patrons to or at social affairs, places of entertainment or amusement within any place of public resort or within any private quarters.
(n) Escort Service Runner means any Person, not an Escort, who for a salary, fee, hire, reward, profit or other Consideration, acts as an agent either of an Escort, Escort Service or a Patron wishing to hire an Escort, in arranging for services of an Escort.
(o) Licensed Premises means the place or location described in an Adult Entertainment license or an Escort Service license where an Adult Entertainment Establishment or Escort Service is licensed to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or locations shall be included within the Licensed Premises.
(p) Licensee means a Person who is the holder of a valid license under this article. A Licensee includes an agent, servant, Employee or other Person while acting on behalf of that Licensee whenever such Licensee is or would be prohibited from doing or performing an act or acts under this title.
(q) Morals Charge includes charges of prostitution, patronizing a prostitute, promoting prostitution, indecent exposure, lewd and lascivious behavior, sodomy, promoting sodomy for hire, patronizing a Person offering sodomy for hire, sexual battery, loitering for the purposes of solicitation, indecent liberties with a child, incest, adultery, promoting obscenity, promoting obscenity to minors, displaying material harmful to minors, and possession, sale or distribution of any illegal drug.
(r) Open Office means an office at the licensed Escort Service address from which Escort business is transacted. To qualify as an Open Office it is required that:
(1) Business hours be established and posted, that the office be open to the public and Patrons or prospective Patrons during such business hours, and that the office be accessible to business invitees, license officials and law enforcement officers through a security system during all other hours that Escorts are working;
(2) The office be managed by the owner or management Employee of the owner having authority to bind the service to Escort and Patron contracts, and adjust Patron and consumer complaints;
(3) All telephone lines and numbers listed to the Escort Service be advertised as Escort Service numbers terminate at the Open Office and at no other location;
(4) An index of all Employees and Escorts be kept in the Open Office, along with copies of the licenses of those employed to work as Escorts or Escort Service Runners, and said index shall be open to inspection at the request of any law enforcement officer who is on official duty;
(5) All business records be kept in the Open Office, including records of Escort calls and referrals, stating the name and driver’s license number (or other form of picture identification) of the Patron, as well as the state of issuance of the driver’s license (or other picture identification). Such records shall also include the date and time of referral, name of the Escort who accompanied the Patron, whether the referral resulted in a contract, and the total fee received from the Patron, if any. The business records described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection pursuant to said officer’s lawful duties as a law enforcement officer. The refusal of a Licensee to allow such an inspection shall not be a criminal violation of this article nor shall it be considered grounds for suspending, revoking, or otherwise taking punitive measures or action against the Licensee or the Escort Service’s License. However, in the event of such a refusal, such an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-2501, and amendments thereto;
(6) All of the business records required to be kept and maintained by an Escort Service licensed under this Article shall be retained by the Escort Service for a minimum period of one (1) year, and shall be subject to verification on a quarterly basis by the Chief of Police or the Chief’s duly authorized representative upon request. This quarterly examination of the records shall be permitted solely for the purpose of verifying that such records are being kept, and shall not be for the purpose of gathering information. Refusal by the Licensee to allow examination of such records for the sole purpose of verifying that the Licensee is in compliance with the record keeping requirements of this Article shall not be deemed to be a criminal violation; however, if the refusal is unreasonable it may result in revocation or suspension of the Escort Service’s license.
(s) Operator means any person operating, maintaining or conducting the business of an Adult Entertainment Establishment or Escort Service.
(t) Patron means a customer or any Person who contracts with an Escort Service for the purpose of hiring an Escort, or for monetary Consideration contracts with, or hires an Escort.
(u) Person means any individual, firm, corporation, partnership, limited partnership, joint venture or association of any kind.
(v) Residential Dwelling means a dwelling which provides a complete independent living facility for one (1) or more individuals including permanent provisions for living, sleeping, eating cooking and sanitation.
(w) School means any building or grounds used as a place of formal education for students in grade levels kindergarten through twelfth grade.
(x) Sexually Oriented Escort means an Escort who provides, or offers, proposes or solicits to provide, acts involving Specified Sexual Activity. Such offer, proposal or solicitation shall include all conversations, statements, advertisements, acts and gestures which would lead a reasonable, prudent Person to conclude that Specified Sexual Activity is or was to be provided.
(y) Sexually Oriented Escort Service means an Escort Service which provides, or offers, proposes or solicits to provide, acts involving Specified Sexual Activities. Such offer, proposal or solicitation shall included all conversations, statements, advertisements, acts and gestures which would lead a reasonable, prudent Person to conclude that Specified Sexual Activity is or was to be provided.
(z) Specified Sexual Activities means the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) Masturbation, actual or simulated.
(4) Human genitals in a state of sexual stimulation, arousal or tumescence.
(5) Excretory functions as part of or in connection with any of the activities set forth in paragraphs (a), (b), (c), or (d) of this definition.
(aa) Specified Anatomical Areas means the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus and female breast below a point immediately above the top of the areola. This shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
It is unlawful within the city limits of the City of Park City for any Person, whether as principal, officer, agent, servant or Employee to conduct, manage, operate, maintain or perform for any Person services as an Escort Service without having first obtained a license to do so as required by this Article.
It is unlawful within the city limits of the City of Park City for any Person, whether as principal, officer, agent, servant or Employee to conduct, manage, operate, maintain or perform for any Person services as a Sexually Oriented Escort Service regardless of license.
(a) The license required pursuant to this Article shall be issued for one premises or one Person. The address of the premises for which the license is requested and the name of the Person who will be the Licensee shall be clearly stated in all applications and renewal requests.
(b) Licenses issued hereunder may not be transferred from one premises to another or from one Person to another, and shall be renewable only if the renewal license is to be issued to the same Person. Within thirty (30) days after the sale or transfer of any interest in an Escort Service, any license heretofore issued shall be null and void. A new application shall be made by any Person desiring to own or operate the Escort Service.
(c) No Escort Service shall be operated under any name or conducted under any designation not specified in the license for that business.
(a) For every Escort Service there shall be an annual license fee of one thousand dollars ($1,000.00). This fee shall accompany all initial license applications and all renewal requests, and a license shall not be issued until the fee is paid in full.
(b) Should an applicant choose to withdraw its application prior to a license under being issued, the City shall refund fifty percent (50%) of the license fee upon the applicant’s request to the City Clerk within ten (10) business days from the filing of an application and accompanying documentation, and prior to a license being issued. No refund shall be issued after issuance of a license.
(c) Upon a denial of a properly filed application, the City shall refund fifty percent (50%) of the license fee upon the applicant’s request to the City Clerk within twenty (20) business days, but not sooner than ten (10) business days, of the notice of said denial, unless the applicant appeals the denial, in which case the refund shall not occur until after the appeal process has been completed and the denial has been upheld. At the conclusion of the appeal, provided the denial is upheld, the applicant shall have ten (10) business days from the date of final judgment to request the refund.
(a) Every license issued pursuant to this Article shall terminate at the expiration of one (1) year from the date of issuance, unless sooner suspended or revoked, and must be renewed before operation is allowed in the following year. Any Operator desiring to renew a license shall make application for renewal to the City Clerk’s office. The application for renewal shall be filed in duplicate and dated by the City Clerk. An application for renewal license filed after the expiration date of the license shall not be accepted if the premises the renewal license is being sought for does not comply with the distance requirements set forth in this Article. A renewal application shall in all other respects be treated as an application for an initial license.
(b) Application for a license renewal must be made not later than thirty (30) days prior to the date of expiration of the license.
The licensing provisions of this Article shall be applicable to all businesses participating in the activities described in this Article, regardless of when established. Nothing herein shall be construed to prohibit the City’s right to refuse to grant a license to an existing Escort Service that, upon application, is not eligible for a license.
The license issued pursuant to this Article shall be displayed conspicuously at the entrance of the premises licensed as an Escort Service.
(a) Any Person desiring to obtain a license to operate an Escort Service shall make written application in duplicate to the City Clerk’s office. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the City Clerk’s office.
(b) The application shall be on a form provided by the City. All applicants shall provide the following information under oath:
(1) The applicant’s legal name, all of the applicant’s aliases, the applicant’s residential and business addresses, the applicant’s residential and business telephone numbers, the applicant’s social security number, the applicant’s driver’s license or state issued identification card number, written proof that the applicant is at least eighteen (18) years of age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization;
(2) The proposed address and name or names of the Escort Service for which a license is sought, and the hours that the Escort Service will be open to the public;
(3) The name of the owner of the premises upon which the Escort Service is to be located;
(4) Whether the applicant has been, within the last five (5) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any Morals Charge or felony. As to each conviction, nolo contendere plea or diversion, the applicant shall provide the conviction date, the case number, the nature of the violation(s) or offense(s), and the name and location of the court;
(5) Whether the applicant has been, within the last three (3) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any violation of a provision of this Article or similar provisions of previously enacted City Ordinances;
(6) A list of all pending cases involving: (1) alleged violations of Morals Charges, including the nature of the alleged violation, date of alleged offense, and the name and location of the jurisdiction in which said violation is alleged to have occurred; and (2) alleged violations of this Article, including the nature of the alleged violation(s) and the date of the alleged offense(s);
(7) Two photographs of the applicant two inches by two inches in size, taken within thirty (30) days immediately preceding the date of application. One photograph will be sent to the Chief of Police and one photograph shall be affixed to the license;
(8) Information as to whether the applicant has ever been refused any similar license or permit, or has had any similar license or permit issued to such applicant in the City of Park City or elsewhere revoked or suspended, and the reason or reasons therefor; and
(9) A statement by the applicant that he or she is familiar with the provisions of this Article and is complying and will comply with them.
(c) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, the names, residential addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. The corporation applicant shall designate one of its officers to act as its responsible managing officer. Such designated Person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.
(d) If the applicant is a partnership, the application shall set forth the names, residential addresses, and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of subsection (c) of this section pertaining to corporations shall apply. The partnership or limited partnership applicant shall designate one of its partners to act as its responsible managing partner. Such designated Person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.
To receive a license to operate an Escort Service, applicants must meet the following standards:
(a) If the applicant is an individual:
(1) The required fees must have been paid;
(2) The application must conform in all respects to the provisions of this Article;
(3) The applicant must not have knowingly made a false or misleading statement of material fact in the application;
(4) The applicant must be at least eighteen years of age;
(5) The applicant shall not have been convicted of, pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any Morals Charge as defined herein in any jurisdiction within the last five (5) years immediately preceding the date of the application;
(6) The applicant must not have had a similar type of license in any jurisdiction previously suspended or revoked for good cause within five (5) years immediately preceding the date of the filing of the application;
(7) The operation of the business as proposed, if permitted, must comply with all applicable building, fire, health and zoning laws.
(b) If the applicant is a partnership, joint venture, corporation or any other type of organization where two or more Persons have a financial interest:
(1) All Persons having a financial interest in the partnership, joint venture or any other type of organization shall be at least eighteen years of age. Financial interest in a corporation includes any officer or director of the corporation and any stockholder holding more than five percent (5%) of the stock of a corporation or any individual, partnership, and/or corporation which has outstanding or pending loan(s) with the applicant in the amount of $5,000.00 or greater.
(2) No Person having a financial interest in the partnership, joint venture, corporation or any other type of organization shall, in any jurisdiction, have been convicted of, pled nolo contendere to, or participate in a diversion program, after having been charged with a felony or any Morals Charge as defined herein within the immediate five (5) years preceding the date of the application.
If an application for a license is in proper form and accompanied by the license fee as provided for in Section 5-405, the City Council shall examine the application, after review and a recommendation is made by the City Application Review Board, composed of the City Clerk or his/her designee, the Zoning Administrator or his/her designee, and the Chief of Police or his/her designee. If the applicant is fully qualified pursuant to the guidelines set forth in Section 5-410, the City Council shall issue a license to the applicant within thirty (30) days from the date of the filing of the application. If the City Council fails to act on the application within thirty (30) days after it is filed, the application shall be deemed granted. If the City Council denies the application within thirty (30) days of the filing of the application, the application is deemed finally denied and the same application may not be made within one (1) year unless there are changed circumstances. If the City Council denies the application, the applicant may appeal the denial pursuant to the provisions of K.S.A. 60-2101(d) and amendments thereto. If the City Council takes action to deny an application, and that action occurs over thirty (30) days after it is filed, the denial shall be of no effect, except that this provision is not intended to limit the ability of the City Council to revoke the license for any of the reasons stated in this Article. If the applicant is not present in Person or by an attorney during the City Council session in which action is taken, written notice of the action shall be mailed to the applicant or attorney forthwith. All enforcement of the prohibitions of this Article relating to operating without a license shall be stayed during the greater of the expiration of the appeal period or pending decision on judicial review in the district court of the City Council’s action. This stay shall apply to both initial and renewal licenses.
No license shall be granted for an Escort Service until the health code, building code, zoning ordinance, fire prevention and safety regulations of the City are fully complied with, and it is unlawful and a violation of this Article to maintain or conduct an Escort Service without being in compliance, at all times, with all health code, building code, zoning ordinance, fire prevention and safety regulations of the City.
(a) The Escort Service shall provide to each Patron a written contract and receipt of payment for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount of money such services shall cost the Patron, and any special terms or conditions relating to the services to be performed.
(b) The Escort Service shall maintain an Open Office at the Licensed Premises. The address of that office shall be included in all Patron contracts and published advertisements. Private rooms or booths where the Patron may meet with the Escort shall not be provided at the Open Office or at any other location by the Escort Service.
(c) The Escort Service, in terms of licensing consequences, is responsible and liable for the acts of all its Employees and subcontractors including, but not limited to, telephone receptionists and Escorts who are referred by that service while the Escort is with the Patron.
(d) The Escort Service shall commence business from an Open Office within thirty (30) days after issuance of the license. In the event an Escort Service Licensee shall not commence business in an Open Office within thirty (30) days after issuance of a license, or shall discontinue business or close the Open Office for a period of thirty (30) days, such license shall terminate and be revoked automatically without action by the Chief of Police or City Council.
(e) Every owner, Operator, responsible managing Employee, manager, or anyone in control of an Escort Service shall maintain a daily register, approved as to form by the City of Park City Police Department, containing the following information:
(1) The identification of all Employees employed by such establishment, together with a copy of the Escort license for those Employees working as Escorts;
(2) The hours of employment of each Employee for each day; and
(3) The names of all Patrons, including their true full names, driver’s license number and state of issuance (or some other form of picture identification), hours of employment of the Escort Service, name of the Escort or other Employees providing services to this particular Patron, the location where Escort Services were rendered, and the fee charged for such services. The daily register described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection pursuant to said officer’s lawful duties as a law enforcement officer. The refusal of a Licensee to allow such an inspection shall not be a criminal violation of this Article nor shall it be considered grounds for suspending, revoking or otherwise taking punitive measures of action against the Licensee or the Escort Service’s license. However, in the event of such a refusal, an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-201, and amendments thereto. The daily register described in this section shall be kept and maintained at the Open Office or Licensed Premises for a period of one year.
(f) Any changes in information required to be submitted by this Article must be given to the City Clerk’s office in writing within ten (10) days of any such change.
(g) An Escort Service shall establish business hours during which Escorts are available and shall post such business hours at the entrance to the Escort Service premises, where the Open Office is maintained. No Escort Service shall be open at any time between the hours of 1:00 a.m. and 6:00 a.m.
(a) It is unlawful for a Licensee to provide Escort Services as described in this Article to individuals under eighteen years of age unless written authorization by a parent or legal guardian is issued to the Escort when acting as such.
(b) It is unlawful within the city limits of the City of Park City for an Escort to advertise or hold out to the public the availability of an Escort or Escort Service without obtaining a license therefor as provided in this Article. Whether the actual business of the Escorts or the Escort Service is performed, the Escort Service license number must be prominently displayed in such advertisements.
(a) It is unlawful for any Person within the city limits of the City of Park City to:
(1) Work, perform services, or act as an Escort or Escort Service Runner as defined in Article without a license issued pursuant to the provisions of this Article;
(2) Work, perform services, or act as an Escort or Escort Service Runner unless employed by a licensed Escort Service;
(3) Work, perform services, or act as a Sexually Oriented Escort, or work as an Escort Service Runner for a Sexually Oriented Escort Service, regardless of license.
(b) Such Person, when providing services or working as an Escort or Escort Service Runner, shall carry the license required by this Article upon their Person and display the license upon request of any law enforcement official. Failure to display such license upon demand is a violation of this article punishable as set forth in this Article.
(a) Any Person desiring an Escort or Escort Service Runner’s license shall make written application in duplicate to the City Clerk’s office on a form provided by the City. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the City Clerk’s office and shall provide the following information under oath:
(1) The applicant’s legal name, all of the applicant’s aliases, the applicant’s residential address and telephone numbers, the applicant’s social security number, the applicant’s driver’s license or state issued identification card number, written proof that the applicant is at least eighteen (18) years of age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization;
(2) Whether the applicant has been, within the last five (5) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any Morals Charge or felony. As to each conviction, nolo contendere plea or diversion, the applicant shall provide the conviction date, the case number, the nature of the violation(s) or offense(s), and the name and location of the court;
(3) Whether the applicant has been, within the last three (3) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any violation of a provision of this Article or similar provisions of previously enacted City Ordinances;
(4) A list of all pending cases involving: (1) alleged violations of Morals Charges, including the nature of the alleged violation, date of alleged offense, and the name and location of the jurisdiction in which said violation is alleged to have occurred; and (2) alleged violation of this Article, including the nature of the alleged violation and the date of the alleged offense;
(5) Two photographs of the applicant two inches by two inches in size, taken within thirty (30) days immediately preceding the date of application. One photograph will be sent to the Chief of Police and one photograph shall be affixed to the license;
(6) A statement by the applicant that he or she is familiar with the provisions of this Article and is complying and will comply with them.
(b) Every Escort or Escort Service Runner’s license issued pursuant to this article will expire one (1) year from the date of issuance and must be renewed before working or performing services as an Escort or Escort Service Runner in the following year. Application for renewal must be made to the City Clerk no later than thirty (30) days prior to the date of expiration for the Escort or Escort Service Runner’s license, and must be accompanied by the license fee provided in this Article.
(c) A license to act as an Escort or Escort Service Runner does not authorize the operation of an Escort Service. Any Person obtaining a license to act as an Escort or Escort Service Runner who desires to operate an Escort Service must separately apply for a permit therefore. A Person who applies for a permit to operate an Escort Service and who desires to act as an Escort or Escort Service Runner within said business, who pays the fee required by this 5-405, shall not be required to pay the fee required in 5-417.
There shall be an annual fee of one hundred ($100.00) dollars for an Escort or Escort Service Runner’s license and such fee shall accompany each application submitted and all renewal requests, and a license shall not be issued until the fee is paid in full.
(a) If the application contains the proper information pursuant to Section 5-416, a copy of each application for an Escort or Escort Service Runner’s license shall be forwarded to the Chief of Police for investigation. It shall be the duty of the Chief of Police to investigate such applicant to determine whether he or she is qualified under the provisions of this Article. The Chief of Police shall report to the City Clerk not later than ten (10) working days after receipt of the application. The City Clerk shall issue a license if the applicant is fully qualified pursuant to the guidelines set forth in this provision. Any applicant who has been denied the issuance of an Escort or Escort Service Runner’s license shall have a right of appeal as set forth in K.S.A. 60-2101(d), and any amendments thereto.
(b) No license to work or perform services as an Escort or an Escort Service Runner shall be issued to:
(1) Any person who has not paid the fee under Section 5-417;
(2) Any Person who has not attained eighteen years of age;
(3) Any Person who has failed to file an application that conforms in all respects to the provisions of Section 5-416;
(4) Any Person who has been convicted of or pleaded nolo contendere to or participated in a Diversion Agreement after having been charged with a felony or any Morals Charge as defined herein in any jurisdiction within the last five (5) years immediately preceding the date of the application.
(5) Any Person who has knowingly made a false or misleading statement of a material fact or omission of material fact in their application for an Escort or Escort Service Runner’s license.
(a) Pursuant to the procedures set forth in this Article, the Chief of Police may suspend for not more than thirty (30) days any Escort or Escort Service Runner’s license if the Chief of Police, based on credible and reasonably reliable information and evidence, determines that the Escort or Escort Service Runner has violated any provisions of this Article.
(b) Pursuant to the procedures set forth in this Article, the Chief of Police may revoke any Escort or Escort Service Runner license, regardless of whether such license has previously been suspended, if the Chief of Police, based on credible and reasonably reliable information and evidence, determines that any one (1) or more of the following has occurred:
(1) The Escort or Escort Service Runner:
(A) Knowingly, recklessly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the City for the issuance or renewal of any Escort or Escort Service Runner license; or
(B) Knowingly, recklessly or negligently caused or suffered any other Person to furnish or withhold any such information on the Licensee’s behalf.
(2) The Escort or Escort Service Runner failed to pay the required fee under Section 5-417.
(3) The Escort or Escort Service Runner has, on three (3) or more occasions within a twelve (12) month period of time engaged in conduct in violation of any of the provisions of this Article.
(4) The Escort or Escort Service Runner has become ineligible to obtain a license pursuant to this Article.
(5) Subsequent to obtaining an Escort or Escort Service Runner’s license, the Licensee has been convicted of, pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any Morals Charge as defined herein in any jurisdiction.
(c) The Licensee may appeal such order of suspension or revocation pursuant to the terms in this Article.
(a) Except as provided in subsection (e) below, no Adult Entertainment Establishment shall be operated or maintained within the city limits of the City of Park City without first obtaining a license to operate issued pursuant to this Article.
(b) A license may be issued only for one Adult Entertainment Establishment located at a fixed certain place. Any Person who desires to operate more than one Adult Entertainment Establishment must have a license for each.
(c) No license or interest in a license may be transferred to any other Person.
(d) It is unlawful for any Employee or Operator to knowingly work in or about, or to knowingly perform any service directly related to the operating of any unlicensed Adult Entertainment Establishment.
(e) The licensing provisions of this Article shall be applicable to all businesses participating in the activities described in this Article, regardless of when established. All existing Adult Entertainment Establishments at the time of passage of this Article must submit an application for a license. Nothing herein shall be construed to prohibit the City’s right to refuse to grant a license to an Adult Entertainment Establishments service that, upon application, is not eligible for a license under this Article.
(a) Any Person desiring to obtain a license to operate or maintain an Adult Entertainment Establishment shall make written application in duplicate to the City Clerk’s office. The application shall be verified and accompanied by the license fee. Both copies of the application shall be filed with the City Clerk’s office.
(b) The application shall be on a form provided by the City of Park City. All applicants shall provide the following information under oath:
(1) The applicant’s legal name, all of the applicant’s aliases, the applicant’s residential and business addresses, the applicant’s residential and business telephone numbers, the applicant’s social security number, the applicant’s driver’s license or state issued identification card number, written proof that the applicant is at least eighteen (18) years of age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization;
(2) The proposed address and name or names of the Adult Entertainment Establishments for which a license is sought, and the hours that the Adult Entertainment Establishment will be open to the public;
(3) The name of the owner of the premises upon which the Adult Entertainment Establishment is to be located;
(4) Whether the applicant has been, within the last five (5) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any Morals Charge or felony. As to each conviction, nolo contendere plea or diversion, the applicant shall provide the conviction date, the case number, the nature of the violation(s) or offense(s), and the name and location of the court;
(5) Whether the applicant has been, within the last three (3) years immediately preceding the date of the application, convicted of, pleaded nolo contendere to, or participated in a diversion for any violation of a provision of this Article or similar provisions of previously enacted City Ordinances;
(6) A list of all pending cases involving: (1) alleged violations of Morals Charges, including the nature of the alleged violation, date of alleged offense, and the name and location of the jurisdiction in which said violation is alleged to have occurred; and (2) alleged violations of this Article, including the nature of the alleged violation(s) and the date of the alleged offense(s);
(7) Two photographs of the applicant two inches by two inches in size, taken within thirty (30) days immediately preceding the date of application. One photograph will be sent to the Chief of Police and one photograph shall be affixed to the license;
(8) Information as to whether the applicant has ever been refused any similar license or permit, or has had any similar license or permit issued to such applicant in the City of Park City or elsewhere revoked or suspended, and the reason or reasons therefore; and
(9) A statement by the applicant that he or she is familiar with the provisions of this Article and is complying and will comply with them.
(10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, the names, residential addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. The corporation applicant shall designate one of its officers to act as its responsible managing officer. Such designated Person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.
(11) If the applicant is a partnership, the application shall set forth the names, residential addresses, and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of subsection (c) of this section pertaining to corporations shall apply. The partnership or limited partnership applicant shall designate one of its partners to act as its responsible managing partner. Such designated Person shall complete and sign all application forms and provide all information required in subsection (b) of this section, but only one application fee shall be charged.
(a) For any Adult Entertainment Establishment there shall be an annual license fee of one thousand dollars ($1,000.00). This fee shall accompany all initial license applications and all renewal requests, and a license shall not be issued until the fee is paid in full.
(b) Should an applicant choose to withdraw its application prior to a license being issued, the City shall refund fifty percent (50%) of the license fee upon the applicant’s request to the City Clerk within ten (10) business days from the filing of an application and accompanying documentation, and prior to a license being issued. No refund shall be issued after issuance of a license.
(c) Upon a denial of a properly filed application, the City shall refund fifty percent (50%) of the license fee upon the applicant’s request to the City Clerk within twenty (20) business days, but not sooner than ten (10) business days, of the notice of said denial, unless the applicant appeals the denial, in which case the refund shall not occur until after the appeal process has been completed and the denial has been upheld. At the conclusion of the appeal, provided the denial is upheld, the applicant shall have ten (10) business days from the date of final judgment to request the refund.
To receive a license to operate an Adult Entertainment Establishment, applicants must meet the following standards:
(a) If the applicant is an individual:
(1) The required fees must have been paid;
(2) The application must conform in all respects to the provisions of this Article;
(3) The applicant must not have knowingly made a false or misleading statement of a material fact in the application;
(4) The applicant must be at least eighteen years of age;
(5) The applicant shall not have been convicted of, pleaded nolo contendere to or participated in a diversion agreement after having been charged with a felony or any Morals Charge as defined herein in any jurisdiction within the last five (5) years immediately preceding the date of the application.
(6) The applicant must not have had a similar type of license in any jurisdiction previously suspended or revoked for good cause within five (5) years immediately preceding the date of the filing of the application;
(7) The operation of the business as proposed, if permitted, must comply with all applicable building, fire, health and zoning laws.
(b) If the applicant is a partnership, joint venture, corporation or any other type of organization where two or more Persons have a financial interest:
(1) All Persons having a financial interest in the partnership, joint venture or any other type of organization shall be at least eighteen years of age. Financial interest in a corporation includes any officer or director of the corporation and any stockholder holding more than five percent (5%) of the stock of a corporation or any individual, partnership, and/or corporation which has outstanding or pending loan(s) with the applicant in the amount of $5,000.00 or greater.
(2) No Person having a financial interest in the partnership, joint venture, corporation or any other type of organization shall, in any jurisdiction, have been convicted of, pled nolo contendere to, or participate in a diversion program, after having been charged with a felony or any Morals Charge as defined herein within the immediate five (5) years preceding the date of the application.
If an application for a license is in proper form and accompanied by the license fee as provided for in Section 5-422, the City Council shall examine the application, after review and a recommendation is made by the City Application Review Board, composed of the City Clerk or his/her designee, the Zoning Administrator or his/her designee, and the Chief of Police or his/her designee. If the applicant is fully qualified pursuant to the guidelines set forth in Section 5-423, the City Council shall issue a license to the applicant within thirty (30) days from the date of the filing of the application. If the City Council fails to act on the application within thirty (30) days after it is filed, the application shall be deemed granted. If the City Council denies the application within thirty (30) days of the filing of the application, the application is deemed finally denied and the same application may not be made within one year unless there are changed circumstances. If the City Council denies the application, the applicant may appeal the denial pursuant to the provisions of K.S.A. 60-2101(d) and amendments thereto. If the City Council takes action to deny an application, and that action occurs over thirty days after it is filed, the denial shall be of no effect, except that this provision is not intended to limit the ability of the City Council to revoke the license for any of the reasons in this Article. If the applicant is not present in Person or by an attorney during the City Council session in which action is taken, written notice of the action shall be mailed to the applicant or attorney forthwith. All enforcement of the prohibitions in this Article relating to operating without a license shall be stayed during the greater of the expiration of the appeal period or pending decision on judicial review in the district court of the City Council’s action. This stay shall apply to both initial and renewal licenses.
The license issued pursuant to this Article shall be displayed conspicuously at the entrance of the premises licensed as an Adult Entertainment Establishment.
(a) Every license issued pursuant to this Article shall terminate at the expiration of one (1) year from the date of issuance, unless sooner suspended or revoked, and must be renewed before operation is allowed in the following year. Any Operator desiring to renew a license shall make application for renewal to the City Clerk’s office. The application for renewal shall be filed in duplicate and dated by the City Clerk. An application for renewal license filed after the expiration date of the license shall not be accepted if the premises the renewal license is being sought for does not comply with the distance requirements set forth in this Article. A renewal application shall in all other respects be treated as an application for an initial license.
(b) Application for a license renewal must be made not later than thirty (30) days prior to the date of expiration of the license.
Every Operator or Employee of an Adult Entertainment Establishment shall comply with the following regulations and the failure to comply with the regulations shall be unlawful:
(a) No Person under the age of eighteen shall be employed in or around an Adult Entertainment Establishment;
(b) No Person under the age of eighteen shall be permitted to enter or remain in an Adult Entertainment Establishment.
(c) No Persons shall be knowingly employed in or around an Adult Entertainment Establishment who within two (2) years prior to when employee was released from probation from a conviction for a crime of, or participated in a diversion agreement after being charged with a Morals Charge or a felony.
(d) Every Adult Entertainment Establishment must maintain for inspection a list of all Employees providing services directly related to the operation of the establishment including their date of birth, race, sex, and social security number.
(e) Every Adult Entertainment Establishment shall establish operating business hours and shall post such business hours at the entrance to the Adult Entertainment Establishment premises. No Adult Entertainment Establishment shall be open at any time between the hours of 1:00 a.m. and 6:00 a.m.
No alcohol, liquor or cereal malt beverage shall be sold or consumed on the premises of an Adult Entertainment Establishment except this provision shall not apply to rooms rented and occupied by persons in an Adult Hotel.
(a) Every Adult Motion Picture Arcade shall be physically arranged in such a manner that the interior portion of all viewing areas are visible from a common area of the premises and shall not be obscured by any curtains, drapes, doors or other enclosure except under the following conditions:
(1) The booth is designed for a single occupant;
(2) The booth has a door or curtains which cannot be locked; which may extend downward not closer than fifteen inches from the floor, and which has an open space at the top so that the top of the door or curtain does not extend upward more than six feet from the floor;
(3) Conspicuous signs state, “only one occupant per booth”;
(4) There are no openings between booths; and
(5) It can readily be determined from outside the booth that there is no more than one occupant inside the booth.
(b) No Licensee, manager, Employee or agent shall permit or allow two or more occupants to occupy any booth which has been designated as a booth designed for a single occupant.
(c) No Person shall enter into or remain in a booth which has been designated with a sign stating “only one occupant per booth” while another occupant is in the booth.
No license shall be granted for an Adult Entertainment Establishment unless the Licensee fully complies with the health regulations, building codes, zoning ordinances, fire prevention and safety regulations of the City of Park City as applicable.
Pursuant to the procedures set forth in Section 5-433, the Chief of Police may suspend for not more than thirty (30) days any Adult Entertainment Establishment license or any Escort Service license if the Chief of Police, based on credible and reasonably reliable information and evidence, determines that the Licensee, its Manager, its Employee or agent has violated any provisions of this Chapter.
Pursuant to the procedures set forth in Section 5-433, the Chief of Police may revoke any Adult Entertainment Establishment license or any Escort Service license, regardless of whether such license has previously been suspended, if the Chief of Police, based on credible and reasonably reliable information and evidence, determines that any one (1) or more of the following has occurred:
(a) The Licensee: (i) knowingly, recklessly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the City of Park City for the issuance or renewal of any Adult Entertainment Establishment license or any Escort Service license; or (ii) knowingly, recklessly or negligently caused or suffered any other Person to furnish or withhold any such information on the Licensee’s behalf.
(b) The Licensee, its Manager or any Person otherwise connected or associated with the Licensee as a partner, director, officer or stockholder has violated any of the provisions of this Chapter.
(c) One or more Adult Entertainment Establishment or Escort Service Employees have, on three (3) or more occasions within a twelve (12) month period of time, (i) engaged in conduct in violation of any of the provisions of this Chapter, or (ii) engaged in activity constituting a common or public nuisance pursuant to state law, including without limitation any activity specified in K.S.A. 22-3901 or amendments thereto;
(d) The Licensee, or any Person identified pursuant to Section 409 and Section 410 has become ineligible to obtain an Adult Entertainment Establishment license or an Escort Service license at any time during the term of the license at issue;
(e) The nonpayment of any fee required herein;
(f) For knowingly employing a Person who has been, within five (5) years prior to the date of employment, or who during the period of employment is adjudged guilty of, or has participated in a Diversion Agreement after being charged with, a felony or a Morals Charge.
(g) For knowingly employing a Person who has been, within six (6) months prior to the date of employment, or who during the period of employment is adjudged guilty of, any violation of this Chapter.
(h) The Licensee has been convicted, subsequent to the issuance of an Adult Entertainment Establishment license or an Escort Service license, of a crime involving a Morals Charge;
(i) The Licensee is a corporation which is not, or is no longer, qualified to transact business in the State of Kansas.
(j) The Licensee authorizes, approves, or, as a result of the Licensee’s negligent failure to supervise the Licensed Premises or the Adult Entertainment Establishment/Escort Service, allows an Adult Entertainment Establishment/Escort Service Employee, an Adult Entertainment Establishment/Escort Service customer, or any other Person to: (i) engage in conduct in violation of any of the provisions or requirements of this Chapter or of the provisions or requirements of the Adult Entertainment Establishment license or Escort Service license issued pursuant thereto; or (ii) commit any Morals Charge on the premises licensed as an Adult Entertainment Establishment or Escort Service.
(k) The premises licensed as an Adult Entertainment Establishment or Escort Service is used as a place where activity constituting a public or common nuisance pursuant to state law, including without limitation any activity specified in K.S.A. 22-3901 or amendments thereto, is carried on or permitted to be carried on.
An Adult Entertainment Establishment license or Escort Service license may be suspended for not more than thirty (30) days or revoked pursuant to the terms and conditions set forth herein.
(a) NOTICE. Upon determining that one (1) or more of the grounds for suspension or revocation exists, the Chief of Police shall serve a written notice on the Licensee in Person or by certified United States mail, postage prepaid, addressed to the Licensee’s address as set forth in the Licensee’s application. The written notice shall, at a minimum:
(1) state that the Chief of Police has determined that the Adult Entertainment Establishment license or Escort Service license may be subject to suspension or revocation hereunder;
(2) Identify the specific grounds for the Chief of Police’s determination; and
(3) Specify the date such suspension or revocation shall be effective unless said determination of suspension or revocation is appealed to the City Council. Such date shall be not less than ten (10) days after the notice of suspension or revocation is deposited in the United States mail or personally served upon the Licensee.
(b) APPEAL. A Licensee may appeal an order of suspension or revocation to the City Council by filing a notice of appeal with the City Clerk by the date specified on the notice of suspension or revocation. The City Council may stay the order of suspension or revocation upon hearing and a showing by the Licensee and a finding that a substantial likelihood exists that the Licensee will eventually prevail on the merits and that said Licensee will suffer irreparable injury unless the stay is granted. If there is no stay by the City Council, then the order of suspension or revocation shall not be stayed during the pendency of any such appeal.
(c) HEARING. The hearing shall be held within ten (10) days of the filing of the notice of appeal, unless the Licensee consents to a continuance, and shall be conducted by the City Council. At the hearing, the Licensee may present and submit evidence and witnesses to refute the grounds cited by the Chief of Police for suspending or revoking the license and the City and any other Persons may submit evidence to sustain such grounds. The administrative record compiled on the Adult Entertainment Establishment or Escort Service shall be made part of the hearing record. Within three (3) business days after the close of the hearing, the City Council shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. Such written decision shall be served upon the Licensee and the Chief of Police in Person or by certified United States mail, postage prepaid, addressed to the Licensee’s address as set forth in the Licensee’s application and to the Chief of Police at the City Building. The action taken by the City Council shall be final and shall be subject to immediate and expedited judicial review pursuant to K.S.A. 60-2101(d). It is the intent of the City of Park City that such review proceed on a priority basis and a hearing thereon be set as soon as practicable and without delay.
(d) SURRENDER OF LICENSE. Upon the suspension or revocation of an Adult Entertainment Establishment license or any Escort Service license, the Chief of Police shall take custody of the suspended or revoked license. In case of the revocation of a license of any Licensee, no new license shall be issued to such Person or to any Person acting for or on his or her behalf, for a period of two (2) years after the revocation becomes effective.
The City Clerk shall cause to be kept in the Office of the City Clerk an accurate record of every Adult Entertainment Establishment license, Escort Service license and Escort/Escort Service Runner license and application received and acted on, together with all relevant information and material pertaining to such application and any license issued pursuant to this article. The City Clerk shall further maintain any information it receives from any reliable sources relating to any Adult Entertainment Establishment, Escort Service and Escort/Escort Service Runner.
(a) The City of Park City Police Department and other City of Park City representatives and law enforcement departments with jurisdiction shall periodically inspect all Adult Entertainment Establishments and Escort Services as shall be necessary to determine compliance with the provisions of this article and all other applicable law.
(b) This provision does not apply to rooms occupied by customers of an Adult Hotel during periods of such occupancy.
A Licensee, Manager or any Adult Establishment/Escort Service Employee shall grant immediate entry to representatives of the City of Park City Police Department and other City representatives to inspect the premises licensed as an Adult Entertainment Establishment or Escort Service for the purpose of determining compliance with the provisions of this article and all other applicable laws or regulations at any time during which the premises is occupied or the Adult Entertainment Establishment or Escort Service is open for business
It shall be unlawful for the Licensee, Manager, any Adult Entertainment Establishment/Escort Service Employee, or any other Person to prohibit, delay, interfere with, or refuse to allow, any lawful inspection conducted by the City pursuant to this Chapter or any other authority.
It shall be unlawful for the Licensee, Manager, any Adult Entertainment Establishment/Escort Service Employee, or any other Person to refuse immediate entry to a representative of the City of Park City Police Department and other City representatives at any time during which the premises is occupied or the Adult Entertainment Establishment or Escort Service is open for business.
Any such prohibition, delay, interference, or refusal shall be grounds for suspension or revocation of the Adult Entertainment Establishment license or Escort Service license.
No Adult Entertainment Establishment or Escort Service shall be located less than seven hundred fifty feet (750) feet from a Church; less than seven hundred fifty feet (750) feet from a School; less than seven hundred fifty feet (750) feet from a public park; less than seven hundred fifty feet (750) feet from a Residential Dwelling; or less than seven hundred fifty feet (750) feet from any other Adult Entertainment Establishment or Escort Service, regardless of licensure. This distance is to be measured from the nearest property line of the Church, School, public park, Residential Dwelling, or other Adult Entertainment Establishment/Escort Service, to the nearest property line of the premises on which the Adult Establishment or Escort Service is located or of any parking lot designated to be used by the customers of such an establishment.
Any Person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
Any violation of the provisions of this Chapter shall be and the same is declared to be an unlawful and public nuisance. The City of Park City may in addition to or in lieu of any other remedies set forth herein, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance and restrain and enjoin any Person from establishing, operating or maintaining an Adult Establishment or Escort Service contrary to the provisions of this Chapter.
Should any court declare any section, clause or provision of this Chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other remaining section, clause or provision of this Chapter.