5.50.050 Licensing and Permitting Requirements.
(A) Adult Business Establishment License Required. No person shall operate an adult business establishment without having first obtained an annual adult business license from the City Clerk. A separate license shall be required for each and every separate place of business conducted by any one applicant. Such permit shall be valid only from January 1 to December 31. Every person obtaining an adult business license shall post such license in a conspicuous place and manner on the adult business establishment premises. The failure to post an adult business license in the manner required herein shall be prima facie evidence that the adult business does not have such a license. In addition, it shall be prima facie evidence that any entertainer, employee, manager, or owner who performs any business, service, or entertainment in an adult business in which an adult business license is not posted in the manner required herein has knowledge that such business is not licensed.
(1) License Application. When making application to the City for an adult business establishment license, the applicant shall provide the following information which shall be signed by the applicant, verified, notarized and be accompanied by the license and classification fees:
(a) The name, residence address, home telephone number, date and place of birth and social security number of the applicant and his relationship to the business.
(b) The business name, address and telephone number of the establishment. The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
(c) The names, residence addresses, residence telephone numbers, social security numbers and dates of birth of any stockholder, partner, or member who owns more than 10% interest in such adult business establishment.
(d) The name, address and telephone number of the owner of the property at which the business will be located.
(e) A description of the adult entertainment or similar business history of the applicant and of all the partners and of all corporate officers and directors and any stockholder, partner, or member who owns more than 10% interest in such adult business establishment previously operating in this or another city, county or state, where it has had a business license revoked or suspended, the reason therefor and the activity or occupation subjected to such action, suspension or revocation.
(f) A verified statement from the applicant, and any stockholder, partner, or member who owns more than 10% interest in such adult business establishment that each such person has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of or diverted from prosecution of a misdemeanor or public offense, or released from confinement for conviction of a misdemeanor or public offense, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or public offense involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or driving under the influence of intoxicating liquor or drugs as defined in Kansas Statutes, City ordinances, or the law of another city or state which prohibits driving under the influence of alcohol and/or drugs, or controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(g) A full set of fingerprints and two (2) photographs, to be taken by the Olathe Police Department, of the applicants and of any stockholder, partner, or member who owns more than 10% interest in such adult business establishment.
(h) If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas Secretary of State.
(i) On applications requesting a license or renewal of license to operate a bathhouse or body painting studio, the applicant shall provide for each employee, a health certificate from a duly licensed Kansas physician stating that within 30 days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease. For each person who is subsequently employed, a health certificate shall be submitted to the City Clerk 48 hours prior to the time such person begins employment.
(B) Employee Permit Required. All persons employed in an adult business establishment, including managers or operators, must annually obtain an adult business employee permit. This permit will be valid from January 1 to December 31.
(1) Permit Application. Any person applying for an adult business employee permit shall provide the following information which shall be signed by the applicant, be verified, notarized and be accompanied by the license and classification fees:
(a) The applicant’s name, home address, home telephone number, date of birth, social security number, and any stage names or nicknames used in entertaining or performing.
(b) The name and address of each business at which the applicant intends to work as a manager, operator, employee or dancer, model, entertainer, or other performer.
(c) A statement from the applicant that he/she has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of or diverted from prosecution of a misdemeanor or public offense, or released from confinement for conviction of a misdemeanor or public offense, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or public offense involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or driving under the influence of intoxicating liquor or drugs as defined in Kansas Statutes, City ordinances, or the law of another city or state which prohibits driving under the influence of alcohol and/or drugs, or controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances.
(d) A full set of fingerprints and two (2) photographs taken by the Olathe Police Department.
(e) The applicant shall provide documentation that he has attained the age of eighteen (18) years or twenty-one (21) years of age if the adult business establishment in which the applicant will be working sells or serves alcoholic or cereal malt beverages. Any of the following shall be accepted as documentation of age:
(1) A motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;
(2) A state-issued identification card bearing the applicant’s photograph and date of birth;
(3) An official and valid passport issued by the United States of America;
(4) An immigration card issued by the United States of America;
(5) Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or
(6) Any other form of identification deemed reliable by the City Clerk.
(f) A statement signed under oath that the applicant has personal knowledge that the information in the permit application is true and correct and that the applicant has read the provisions of this ordinance regulating adult business establishments.
(C) License, classification and fees. The application for a license shall be accompanied by payment in full of licensing and classification fees paid by certified or cashier’s check or money order, and no application shall be considered complete until such fee is paid. Such licensing and classification fees shall be adopted by the Governing Body of the City by resolution.
(D) Application Processing. Upon receipt of an application for an adult business establishment license or adult business employee permit, the City Clerk shall immediately transmit one copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Director of Development Services.
It shall be the duty of the Chief of Police to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license or permit. The Chief of Police shall report the results of the investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk. It shall be the duty of the Director of Development Services to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Director of Development Services shall report the results of his/her investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police and the Director of Development Services, the City Clerk shall determine if the license application meets the criteria for approval and shall issue license if it does and deny the license if it does not.
(E) Criteria for Approval. A license or permit shall be issued if the City finds that:
(1) The business for which a license is required will be conducted in a building, structure and location which complies with the requirements and standards of the applicable zoning and building codes of the City (see Titles 15 and 18) as well as the requirements of this Chapter; and
(2) The applicant has not made any knowingly false, misleading or fraudulent statement of material fact in the application for a license or permit or in any report or record which may be required to be filed with the City Clerk; and
(3) The applicant and all employees, agents, partners, directors, officers or managers shall have attained the age of eighteen (18) years, or if the business for which the license is required sells or serves alcoholic or cereal malt beverages, then the applicant and all employees, agents, partners, directors, officers or managers have attained the age of twenty-one (21) years; and
(4) The applicant or any partner or any stockholder, partner, or member who owns more than 10% interest in such entity has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of or diverted from prosecution of a misdemeanor or public offense, or released from confinement for conviction of a misdemeanor or public offense, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or public offense involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or driving under the influence of intoxicating liquor or drugs as defined in Kansas Statutes, City ordinances, or the law of another city or state which prohibits driving under the influence of alcohol and/or drugs, or controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Statutes or City ordinances; and
(5) The applicant or any stockholder, partner, or member who owns more than 10% interest in such entity has not had a license or permit issued under the provisions of this Article or another state, county or municipality’s regulations governing adult entertainment or similar businesses revoked within five (5) years immediately preceding the application.
(F) Disapproval of Application. If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant’s last known address, and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in the Johnson County District Court in a manner provided by law. Such appeal shall be filed within thirty (30) days of the final decision of the City Clerk. The action taken by the City Clerk to issue or to deny issuance of a license shall be final and subject to judicial review.
(G) Suspension and Revocation of License. Whenever the City has information that:
(1) The owner or operator of an adult business establishment has violated or knowingly allowed or permitted the violation of any of the provisions of this Chapter; or
(2) There have been recurrent violations of provisions of this Chapter that have occurred under such circumstances that the owner or operator of an adult business establishment knew or should have known that such violations were committed; or
(3) The adult business establishment license was obtained through knowingly false statements in the application for such license or renewal thereof; or
(4) The adult business establishment knowingly failed to make a complete disclosure of all information in the application for such license or renewal thereof; or
(5) The owner or operator or any stockholder, partner, or member who owns more than 10% interest in such entity has become disqualified from having a license by a conviction or diversion described in subsection E of this Section, Criteria for Approval; or
(6) Any cost or fee required to be paid by this Chapter is not paid; or
(7) An operator employs anyone 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 without a permit.
(8) then, the City may, upon five (5) days of posting notice on the adult business establishment’s principal entrance, suspend the business license for a period not to exceed sixty (60) days. Within ten (10) days of the date of the notice, the City Clerk shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing and shall be served upon the licensee or by registered or certified mail to the licensee’s last known business address. In the event that the City is not able to serve notice upon the licensee, and any notice sent by mail is returned by the postal service, the City shall cause such notice to be posted at the principal entrance of the adult business establishment, and such posting shall be a valid means of service. If the City Clerk finds and concludes from the evidence that the licensee has violated any of the above provisions, he/she may suspend, revoke or, in the case of a renewal application, refuse to renew such license. Following the entry of an order by the City Clerk suspending or revoking a license issued pursuant to this ordinance, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
(H) Suspension and Revocation of Permit. Whenever the City has information that:
(1) The permittee has violated or knowingly allowed or permitted the violation of any of the provisions of this Chapter; or
(2) There have been recurrent violations of provisions of this Chapter that have occurred under such circumstances that the permittee knew or should have known that such violations were committed; or
(3) The adult business employee permit was obtained through knowingly false statements in the application for such permit or renewal thereof; or
(4) The permittee knowingly failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or
(5) The permittee has become disqualified from having a permit by a conviction or diversion described in subsection E of this Section, Criteria for Approval; or
(6) The adult business establishment license for the business in which the permittee is working has been suspended or revoked.
then, the City may, five (5) days after sending notice to the permittee by placing such notice in the U.S. mail to the home address provided on the permittee’s application, suspend the permit for a period not to exceed sixty (60) days. Within ten (10) days of the date of the notice, the City Clerk shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing and shall be served upon the permittee in person or by registered or certified mail to the address provided on the permittee’s application.
In the event that the City is not able to serve notice upon the permittee in person, and any notice sent by mail is returned by the postal service, service shall still be considered valid. An appeal taken from an order of suspension shall not suspend the order of suspension during the pendency of any such appeal. If the City finds and concludes from the evidence that the permittee has violated any of the above provisions, it may suspend, revoke or, in the case of a renewal application, refuse to renew such permit. Following the entry of an order by the City Clerk suspending or revoking a permit issued pursuant to this ordinance, such permittee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
(I) Change of Address. Any adult business establishment changing its address must reapply for an adult business establishment license and pay the appropriate license and classification fee. The application must be provided to the City Clerk’s office prior to opening at the new location. (Ord. 02-128 § 1, 2002; Ord. 01-39 § 1, 2001.)