9.13.020 Prohibition of Sex Bookstores, Coin-operated Motion Picture Devises Showing Sex Movies, and Eating or Drinking Establishments Featuring Nude or Semi-nude Dancers, Strippers or Similar Entertainment.
(1) Purpose and intent. It is declared to be the purpose and intent of this Section to protect the public health, safety, welfare and morals of the community to promote the stability of property values, and impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community.
In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this Section to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their lack of morals upon the rest of the community; and further recognizing that those parts of a community, which become centers of loose moral conduct, frequently become places of rowdiness, criminality, and indecent behavior. It is further the belief that just as advertising is designed to stimulate one’s appetite for desiring goods or a service, an over-abundance of preoccupation with sexual displays or material arouses the appetites of those so preoccupied and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health, safety and welfare of the community.
(2) Definitions.
(a) For the purpose of this Section, “specified sexual activities” is defined as:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(b) For the purposes of this Section, “specified anatomical areas”, is defined as:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region,
(b) Buttock, and
(c) Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(c) For the purpose of this Section, “eating or drinking establishments” are defined as: any premises which may be open to the general public in which any food as defined by K.S.A. 36-501 or any beverage is sold, distributed or consumed or any premises operated for profit by a corporation, partnership or individual, to which members of such establishment may resort for the consumption of food or any beverage and/or for entertainment.
(d) Book sales. No person, firm or corporation shall establish any bookstore or book department of a store in which a substantial or significant portion of its stock in trade is in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.
(e) Mini-motion picture displays. No person, firm or corporation shall offer for viewing, for money consideration, movie or video films or pictures or other materials distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as herein specified for observation by patrons therein.
(f) Eating or drinking establishments. No person, firm or corporation shall feature or permit dancers or any other employee or persons to be engaged in specified sexual activities or to expose to view or display specified anatomical areas.
(g) Any person, firm or corporation violating any provision of this Section shall be guilty of a Class A Public Offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 93-09 § 33, 1993; Ord. 83-75 § 2, 1983.)