“Adult” means a person who has attained the age of eighteen (18) years.

“Adult entertainment” means any exhibition, dance, pantomime, modeling or other performance predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature, including but not limited to depiction or descriptions of “specified sexual activities” or “specified anatomical areas” (separately defined).

“Adult business establishment” means any establishment having as a material portion of its business the offering of entertainment, services, stocks in trade or materials, scenes or other representations predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature, including but not limited to depiction or descriptions of “specified sexual activities” or “specified anatomical areas” (separately defined). The definition of “adult business establishment” also includes but is not limited to any and all of the following specific adult businesses as defined herein:

“Adult arcade” means any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically, or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices, are maintained to show images on a regular or substantial basis, where the images so displayed relate to specified sexual activities or exhibition of specified anatomical areas.

“Adult encounter parlor” means an establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate, or consort with employees, performers, and/or other customers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual arousal or excitement to such customers.

“Adult entertainment cabaret” means an establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female, impersonators, or live performances, or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or customer.

“Adult entertainment studio (includes the terms “rap studio,” “exotic dance studio,” “sensitivity studio,” or “encounter studio”)” means an establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials of live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.

“Adult media outlet” means See definition below.

“Adult motel” means an enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, videotapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six hours at a time.

“Adult motion picture theater” means an enclosed building used for presenting or showing, for money consideration, movie or video films or pictures or other material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (separately defined) for observation by customers therein.

“Adult newsrack” means any coin or card operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

“Adult retail establishment” means a business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with specified sexual activities, clothing that graphically depicts specified anatomical areas or any of the material sold or rented in an “adult media outlet” as defined below, if a substantial or significant portion of such items are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.” For purposes of this subsection, the presumptions relative to what constitutes a “substantial or significant” portion of business set forth in the definition whether an item is “designed or marketed for use” in connection with specified sexual activities, the following guidelines may be considered:

“Adult theater” means an establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by customers.

“Bathhouse” means an enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.

“Body painting studio” means an establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique, or process when the subject’s body displays for customer view specified anatomical areas.

“Escort bureau” means any person, business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainment or places of amusement or who consort with others, for hire or reward, about any place of public resort or within any private quarters.

“Adult media” means magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (separately defined).

“Adult media outlet” means an establishment that rents, sells or offers for viewing or other use any adult media and which meets at least one of the following tests:

For purposes of this subsection, it shall be presumed that a “substantial or significant” portion of a business is devoted to the sale or rental of such items if any one or more of the following criteria are satisfied:

“Booth” means a small enclosure that separates the occupant from patrons or customers.

“Contagious and communicable diseases” means Those diseases which are set out in the Kansas Department of Health and Environment Regulations, K.A.R. 28-1-16, as amended.

“Customer” means any person who:

“Daycare facility” means any establishment that provides, on a regular basis, supervision, protection, and care for individuals on a regular basis away from their primary residences for less than 24 hours per day.

“Employee” means any person who renders any service whatsoever to the customers of an adult business establishment or who works in or about an adult business establishment and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. “Employee” includes, but is not limited to, managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult business establishment.

“Entertainer” means any person who provides adult entertainment within an adult business establishment, whether or not a fee is charged or accepted for the entertainment.

“Erotic” means devoted to or tending to arouse or excite sexual desires.

“Footcandle” means a unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one lumen over an area of one square foot. A lumen is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A candela is the unit of intensity of a light source in a specific direction. One candela directed perpendicular to a surface one foot away generates one footcandle of light. A light source of one candela emits a total of 12.57 lumens. For the purposes of this Ordinance, the lumen output values shall be the initial lumen output ratings of a lamp.

“Group boarding home for adults” means a residential dwelling unit for six (6) or more persons, eighteen (18) years of age or over.

“Group boarding home for minors” means a residential facility for six (6) or more persons under eighteen (18) years of age who for various reasons cannot reside in their natural home and where twenty-four (24) hour adult care, supervision and consultation exists under license of the Kansas Secretary of Health and Environment.

“Manager” means any person who manages, directs, administers, or is in charge of the affairs of or conduct of any portion of any activity of any adult business.

“Minor” means a person less than eighteen (18) years of age.

“Nudity” means exposing any of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernible turgid state.

“Nursing facility” means a building, or a group of buildings, where for compensation pursuant to the previous arrangement, care is offered or provided for three (3) or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior, which is not of sufficient severity to require hospital attention, or for three (3) or more persons requiring further institutional care after being discharged from a hospital.

“Operate” means To own, conduct or maintain the affairs of an adult business establishment.

“Operator” means any person, partnership or corporation operating, conducting or maintaining an adult business establishment.

“Park” means any public or private land designated for park or recreational activities but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness area, or similar land.

“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity or other entity or group of persons however organized.

“Religious institution” means a structure or site such as a church, synagogue, chapel, sanctuary, or cathedral used primarily for religious activity or worship and related religious activities.

“Residential zone” means any property within the City which is zoned or used for residential purposes. The zoning designations refer to the sections in Title 18 of the Unified Development Ordinance as may be amended from time to time and include any property in the City which is zoned AG (Agricultural), RR (Rural Residential), R-1 (Single Family), RP-1 (Planned Single Family Residential), R-2 (Two Family) RP-2 (Planned Two-Family Residential), R-3 (Low-Density Apartment/Townhouse), RP-3 (Planned Low-Density Apartment/Townhouse), R-4 (Garden Apartment), RP-4 (Planned Garden Apartment), R-5 (Apartment House), RP-5 (Planned Apartment House), TN (Traditional Neighborhood), NC (Neighborhood Center), and MPH (Manufactured Home Park).

“School” means any institution of learning, whether public or private. This definition includes, but is not limited to a nursery school, kindergarten, elementary school, junior high school, senior high school, college and university.

“Specified anatomical areas” includes:

“Specified sexual activities” means sexual conduct including but not limited to: