City of Shawnee Ordinance No. 2130

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City of Shawnee
Ordinance No. 2130

AN ORDINANCE AMENDING TITLE5 OF THE SHAWNEE MUNICIPAL CODE,
BY AMENDING CHAFFER 5.05 ADULT ENTERTAINMENT REGULATIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITYOF
SHAYCNEE, KANSAS:

PARAGRAPH 1. Chapter 5.05 of the Shawnee Municipal Code is hereby
amended by deleting the present Chapter and providing in lieu thereof the
following:

Chapter 5.05
Adult Entertainment

5.05.010 Flndingr_ Based on testimony, case law and other information before it,
the Shawnee City Council has made the following legislative findings of fact:

A. That certain conduct occurring on premises offering adult entertainment is
safety and general welfare of citizens of the city
detrimental to the public health,
and, therefore, such conduct must be regulated in this chapter;

B. That businesses that provide adult entertainment are associated with and
promote prostitution, illegal drug use and other criminal activity which constitutes
an immediate threat to the public peace, health, morals and safety;

C. That regulation of adult entertainment businesses is necessary because in the
absence of such regulation, significant criminal activity to include prostitution,
illegal drug use and disruptive behavior has historically and regularly occurred;

D. That it is necessary to regulate and license entertainers, servers and employees
in the adult entertainment industry to prevent exploitation of minors;

E. That it is necessary to have a licensed manager on the premises of
establislunmts offering adult entertainment to insure that at all limes a person
responsible for the overall operation of the business, induding the actions of the
customers, entertainers and other employees is present; and

F. That the license fees imposed by the regulation herein are reasonable fees
imposed as necessary regulatory measures designed to help defray expenses
incurred by the dry in regulating adult entertainment businesses.

5.05.015 Definitions. For the purpose of this chapter and unless the context plainly
requires otherwise, the following definitions are adopted:

"Adult entertainment" means any live exhibition, performance, display or dance of
any type, induding but not limited to, talking, singing, reading, listening, posing,
serving food or beverages, solidling for the sale of food, beverages or
entertainment, pantomiming, modeling, removal of clothing, or any service
offered for amusement on a premises where such exhibition, performance, display
or dance is intended to seek to arouse or exdte the sexual desires of the entertainer,
other entertainers or patrons.

"Adult entertainment business" means any business induding, but not limited to :
(a) Adult media outlets
(b) Adult motion picture-theaters
ORDINANCENO. 2130- PAGE2

(c) Juice bars,
(d) Establishments providing live dancers models, entertainers or other
performers, having as a material portion of its business the offering of
entertainment, stocks in trade or materials, scenes or other presentations
predominantly distinguished or characterized by emphasis or 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) to which the public, patrons or members are invited or
admitted and wherein an entertainer, manager, or server, provides adult
entertainment to a member of the public, a pab'on or a member.

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

"Adult media outlet" means any establishment that rents, sells or offers for
viewing or other use any adult media, and which meets at least one of the
following tests: (1) more than fifty per cent (50%)of the gross floor area is devoted
to adult media; or more than fifty percent (50%)of the gross sales (including
rentals) on an annual basis result from the sale or rental of adult media.

"Adult molion picture theater" means an enclosed building used for presenting or
showing, for money or other consideration, movie or video films or pictures or
other materials 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.

"Entertainer" means any person who provides adult entertainment within an
adult entertainment premises as defined in this section, whether or not a fee is
charged or accepted for entertainment.

"Manager"means any person who manages, directs, administers or is in charge of
the affairs and/or conduct of any portion of any activity involving adult
entertainment occurring at any adult entertainment premises.

"Operator" means any person operating, conducting or maintaining an adult
entertainment business.

"Person" means any individual, partnership, trust, incorporated or unincorporated
association, martial community, joint venture, governmental entity or other entity
or group of persons however organized.

"Public place" means any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles
whether moving or not.

"Server" means any person who serves food or drink at an adult entertainment
business.

"Specified anatomical areas" means (1) uncovered or exposed human genitals,
pubic region or pubic hair;,or buttock; or female breast or breasts below a point
immediately above the top of the areola or nipple; or any combination of the
foregoing; or (2) human male genitals in a discernible erect state, even if completely
and opaquely covered.

"Specified sexual activities" means sexual conduct, being actual or simulated, acts
of human masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual slimulation or gratification, which a person's clothed or unclothed
genitals, pubic area, buttocks or the breast of a female; or any sadomasochisitic
abuse or acts including animals or any latent objects in an act of apparent sexual
ORDINANCE NO. 2130 - PAGE 3

stimulation or gratification.

5.05.020 Liomse required for adult entertainment business. A. It is unlawful for
any person to operate or maintain an adult entertainment business in the city
unless the owner, operator or lessee thereof has obtained an adult entertainment
business license from the city, or to operate such business after such license has
been revoked or suspended by the city.

B. It is unlawful for any entertainer, employee or manager to knowingly perform
any work, service or entertainment directly related to the operation of an
unlicensed adult entertainment business.

C. It shall be prima facia evidence that any adult entertainment business that fails
to have posted, in the manner required by this section, an adult entertainment
business license, has not obtained such a license. In addition, it shall be prima facia
evidence that any entertainer, employee, or manager who performs any service or
entertainment in which an adult entertainment license is not posted, in the
manner required by this section, had knowledge that such business was not
licensed.

5.05.030 License required for managers, servers and entertainers. It is unlawful for
any person to work as an entertainer, server or manager at an adult entertainment
business without first obtaining a license to do so from the city, or to work as an
enterlainer, servex or manager at an adult entertainment business after such
person's license to do so has been revoked or suspended.

5.05.040 License, classification and fees. A. The license year for all fees required
under this chapter shall be from January 1st to December 31st. The application for a
license shall be accompanied by certified or cashier's check or money order; and no
application shall be considered complete until such fee is paid.

B. All licenses shall be issued for a specific location and shall be non-refundable
and nontransferable.

C. The classification of licenses and fees for each shall be as follows:

1. Adult entertainment business license fee is two hundred fifty dollars
per year-,

2. Adult entertainment manager's license fee is twenty dollars per year;

3. Adult entertainer's license fee is twenty dollars per year;

4. Adult entertainment server's license fee is twenty dollars per year.

5.05.050 License applications. A. Adult Entertainment Business License. All
persons desiring to secure a license to operate an adult entertainment business
under the provisions of this chapter shall make a verified application with the city
clerk. All applications shaU be submitted in the name of the person proposing to
conduct or operate the adult entertainment business. All applications shall be
submitted on a form supplied by the city clerk and shall require the following
information:

1. The name, residence address, home telephone number, occupation,
date and place of birth and social security number of the applicant;

2. The name of the adult entertainment business, a description of the
to o a
adult entertainment be performedr undertakenon thelicensedpremises, nd
the name of the owner of the premises where the adult entertainment business
will be located;
ORDINANCENO. 2130- PAGE4

3. The names, residence address, sodal security numbers and dates of
births of all partners, ff the applicant is a partnership; and if the applicant is a
corporation, the same information for all corporate officers, directors and
stockholders who own more than ten percent or greater interest in the corporation;

4. The addresses of the applicant, or of all partners, or of all corporate
officers and directors for the five years immediately prior to the date of application;

S. A statement from the applicant, or from all partners, or from all
corporate officers and directors whether any such person or entity, in previously
operating in this or any other city, county or state, has had a business license of any
type revoked or suspended, and if so, the reason for the suspension or revocation
of the business activity subjected to the suspension or revocation;

6. A statement of the business, occupation or employment of the
applicant, or of all partners, or of all corporate officers and directors for three years
immediately preceding the date of the application;

7. A statement from the applicant, or from each partner, or from each
corporate officer and director, that each such person has not been convicted of,
released from confinement for conviction of, or diverted from prosecution on:

a. A felony criminal act within five yeazs immediately preceding
the application, or

ix A misdemeanor criminal act involving sexual offenses,
prostitution, promotion of prostitution, sexual abuse of a child, pornography or
related offenses as defined in the Kansas Criminal Code, or involved controlled
substances or illegal drugs or narcotics offenses as defined in the Kansas Con_olled
Substances Act or other statutes or ordinances, within two years immediately
prededing the applicaiton.

The stateanent shaU also indicate the applicant, each partner or each
corporation officer and director has not been convicted of a municipal ordinance
violation, within two years immediately preceding the application where such
municipa] ordinance violation involved sexual offenses, indecent exposure,
prostitution or sale of controlled substances or illegal drugs or narcotics.

8. A full set of fingerprints and a photograph, to be taken by the police
department, of the applicant, or of all partners if the applicant is a partnership, or of
all corporation officers and directors ff the applicant is a corporation ;

the Kansas Secretary a State;
issued 9"by If the applicant is of corporation, a currant certificate of regis_'ation

10. A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and that the
information contained therein is true and correct and that the applicant has read
the provisions of this chapter regulating adult entertainment businesses;

11. Provision of a statement ,acknowledged by a Notary Public, of the
owner of the property giving written consent for the use of the property by an
adult entertainment business.

Failure to provide the information end documentation required by this
subsectionshall constitute an incomplete whichshall not be processed.
application

B. AdultEntertainmentManager, orEntertainers
Server Allpersons
License.
tosecure license
desiring a ofthis
undertheprovisions t
chapter obe an adult
manager,
entertainment or shall
server entertainer make a verified application
A shall i
withthedty clerk. llapplications be submitted nthename oftheperson
NO. - 5
ORDINANCE 2130 PAGE

proposing to be an adult entertainment manager, server or entertainer. All
applications shall be submitted on a form supplied by the dry clerk and shall
require the following information:

1. The applicant's name, home address, home telephone number, date
and place of birth, social security number and any stage names, aliases, or
nicknames used in entertaining;

2. The name and address of each adult entertainment business where
the applicant intends to work as a manager, server or entertainer, and an intent to
hire statement from an adult entertainment business that is licensed, or that has
applied for a license, under the provisions of this chapter, indicating the adult
entertainment business intends to hire the applicant to manage, serve or entertain
on the premises;

3. A statement from the applicant that the applicant has not been
convicted of, released from confinement for conviction of, or diverted from
prosecution on:

a. A felony criminal act within four years immediately preceding
the application, or

h A misdemeanor criminal act involving sexual offenses,
prostitution, promotion of prostitution, sexual abuse of a child, pornography or
related offenses as defined in the Kansas CHminal Code, or involved controlled
substances or illegal drugs of narcotics offenses as defined in the Kansas Controlled
Substances Act or other statutes or ordinances, within two years immediately
preceding theapplication.

The statement shall also indicate the applicant has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation, within two years immediately preceding theapplication
where such municipal ordinance violation involved sexual offenses, indecent
exposure, prostitution or sale of controlled substances or illegal drugs or narcotics;

4. A full set of fingerprints and a photograph, to be taken by the police
department, of theapplicant;

5. The applicant shall present to the city derk who shall copy
documentation that the applicant has attained the age of eighteen years at the time
the application is submitted. Any of the following shall be accepted as
documentation of age:

a. A motor vehicle operator's license issued by any state, bearing
the applicant's photograph and date of birth,

Ix identification
A state-issued theapplicant's
cardbearing
and dateofbirth,
photograph

c and passport
An official valid b o
issued y theUnitedStatesf

I America, d. An immigration card issued by the United States of America,

e. Any other form of picture identification issued by a
governmental entity that is deemed reliable by the city derk, or

L Any other form of identification that is deemed reliable by the
dty derk.
ORDINANCE NO. 2130 - PAGE 6

Failure to provide the information required by this subsection shall
constitute an incomplete application and shall not be processed.

C. Application processing. Upon receipt of a complete application for an adult
entertainment business or an adult entertainment business manager, server or
entertainer license, 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 planning and
economic development, chief building official, and the fire marshal. It shall be the
duty of the chief of police to investigate such application to determine whether the
applicant is qualified to be issued the license applied for. The chief of police shall
report the results of the investigation to the city clerk not later than ten working
days from the date the application is received by the dty clerk. It shall be the duty
of the d/rector of planning and economic development, chief building official, and
w
the fire marshal to determinewhetherthestructure herethe adultentertainment
business will be conducted complies with the requirements and meets the
stanclards of the location section of this ordinance, and the applicable health,
zoning, building code, fire and property maintenance ordinances of the city. The
director of planning and economic development, chief building official, and fire
marshal shall report the results of their investigation to the dty clerk not later than
ten working days from the date the application is received by the city clerk. Upon
receipt of the reports from the chief of police, director of planning and economic
development, chief building official, and fire marshal, the city clerk shall schedule
the application for consideration by the governing body at the earliest meeting
consistent with the notification requirements established by law, provided the
license application for an adult entertainment business and for an adult
entertainment business manager, server or entertainment license shall be
approved or disapproved within forty-five days from the date of filing of a
completed application o The
withthederk's ffice. applicant b
shalle notified in
writing of the date when the governing body will consider the application.

5.05.060 Examination of application-Issuance of license--Disapproval. A. If the
al:_licant for an adult entertainment business or an adult entertainment business
manager, server or entertainer is in proper form and accompanied by the
appropria.'e license fee, the governing body shall examine the application, and after
such examination, thegoverning body shall, Jf theapplicant is qualified, approve a
license as provided for by law, provided a license shall not be approved to any
person ineligible pursuant to Section 5.05.070.

B. The record of the governing body shall show the action taken on the
and thelicense
application, if isapproved b d t
thegoverning ody shallirecthecity
derk toissue The shall
theproperlicense. license statehat t itisnottransferable to
otherpersons and thecalendar year whichit
for isissued. The license b
shalle kept
posted p
ina conspicuouslace intheplace t islicensed
ofbusinesshat orwhere the
licenseeisworking.

an fora
C. If application license isdisapproved, shall
theapplicant be immediately
by
notified registered orcertified mailtotheapplicant's address asshown on the
application, and the notification shall state the basis for such disapproval.

5.05.070 License- Ineligibility and disqualification. No person is eligible nor shall a
license be issued to:

A. An adult entertainment business applicant if one or more of the following
conditions exist:
1. The applicant's premises is located within five hundred feet of any
school, church, licensed child care center, or single family residential zoning
district. Measurements shall be made in a straight line from the nearest point of
any exterior wall of the building housing the adult entertainment to the nearest
point on the property line of such school, church, licensed child care center, or
single family residential zoning district;
ORDINANCE NO. 2130 oPAGE 7

2. The applicant's premises is located within five hundred feet of any
other adult entertainment use for which there is a license issued. Measurement
shall be made in a straight line without regard to intervening structure or objects,
from the nearest point of any exterior wall of the building housing the adult
entm'tainment to the nearest point of the exterior walls of the building housing
such other adult entertainmentbusiness;

3. The applicant's premises is located on property which has less than
100 feet of street frontage on a designated arterial street.

4. The applicant's premises is located in any zoning disffict other than
the Commercial Highway zoning district;

5. The applicant failed to supply all of the information requested on the
application;

6. The applicant gave materially false, fraudulent or untruthful
information on the application;

7. The applicant's proposed premises does not comply with or meet the
requirements of the applicable health, zoning, building code, fire and property
maintenance ordinances of the city; provided, that upon a showing that the
premises meets such requirements and that the applicant otherwise qualified, the
application shah be subject to reconsideration by the governing body;

8. The applicant has had an adult entertainment license revoked or
suspended in this or in any other dry during the past five years.

B. An applicant for an adult entertainment manager, server, or entertainer license
if one or more of the following conditions exists:

1. The employer for who the applicant intends to work does not have or
is ineligible to receive an adult entertainment business license for any of the
reasons stated in subsection (A) of this section;

2. The al_licant has been convicted, released from incarceration for
conviction, or diverted on any of the crimes set forth in Section 5.05.050(13)(3)
during the time period set forth in said section;

3. The applicant failed to provide all of the information required on the
application;

4. The applicant gave materially false, fraudulent or untruthful
information required on the application;

5. The applicant has had an adult entertainment manager, server or
entertainer license revoked or suspended in this or any other dty or county during
the past five years.

5.05.080 Standard of Conduct. The following standards of conduct shall be adhered
to by all adult entertainment business licensees, their employees, all adult
entertainment managers, servers, entertainers and patrons or adult entertainment
businesses, while on or about the premises of the business:

A. Age restriction. Only persons eighteen years of age or older shall be permitted
on the premises of any adult entertainment business.
ORDINANCE NO. 2130- PAGE 8

B. Exterior Observation. The premises of all adult entertainment business will be
so constructed to include an anteroom, foyer, partition or other physical barrier on
all customer entrances that will insure observation of the interior of the premises
is not observable from the exterior of the building. In addition, all windows will be
covered to prevent viewing of the interior of the building from the outside, and all
doorways not constructed with an anteroom or foyer will be covered so as to
prevent observation of the interior of the premises from the exterior of the
building. Any change to the exterior of the building will require site plan approval
by the planning commission.

C. Exterior Display. No adult entertainment business will be conducted in any
manner that permits the observation of live performers engaged in an erotic
depiction or dance or any materials or persons depicting, describing or relating to
specified sexual activities or specified anatomical areas, as defined in this chapter,
from any exterior source by display, decoration, sign, show window or other
opening.

D. Nudity Prohibited. No employee, server or entertainer in an adult
entertainment business shall appear nude, unclothed, in less than opaque attire or
In any fashion that exposes to view any specified anatomical area.

E. Certain Acts Prohibited.

s
1. No employee, serveror entertainer hallperformany specifiedsexual
activities as defined in this chapter, wear or use any device or covering exposed to
view which simulates any specified anatomical area, use artificial devices or
inanimate objects to perform or depict any of the specified sexual activities as
defined herein, or participate in any act of prostitution.

2. No employee, server or entertainer or patron of an adult entertainment
business shall knowingly touch, fondle or caress any specified anatomical area of
such employee, server, entertainer or patron or knowingly permit another person
to touch, fondle or caress any specified anatomical area of such employee, server,
entertainer or patron, whether such specified anatomical areas are clothed,
undothed, coveredor exposed.

3. No employee, server or entertainer of an adult entertainment business
shall be visible from the exterior of the adult entertainment business while such
person is undothed or in such attire, costume or clothing as to expose to view any
specified anatomical area.

4. No adult entertainer shall solicit, demand or receive a payment or
gratuity from any patron or customer for any act prohibited by this chapter and no
adult entertainer shall x_-'eive any payment or gratuity from any customer for any
entertainment except as follows:

a. While such entertainer is on the stage a customer or patron
may make such payment or gratuity into a box affixed to the stage; or

b. While such entertainer is not on the stage and is clothed so as
to not expose to view any specified anatomical area, a customer or patron may
either place such payment or gratuity may either place such payment or gratuity
into the entertainer's hand or under a leg garter worn by such entertainer at least
four Inches below the bottom of the pubic region.

5. No owner, operator, manager or other person in charge of the premises of
an adult entertainment premises shall:

a. Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon or consumed on the premises;
ORDINANCE NO. 2130 - PAGE 9

b. Knowinglyalloworpermit d delivery
thesale,istribution, or
ofany controlled
consumption orillegal ornarcotic the
substance drug on
premises;

c. Knowingly allow or permit any person under the age of eighteen
years of age to be in or upon thepremises;

d. Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or

e. Knowingly allow or permit a violation of this chapter or any other
city ordinance, provision or state law.

F. Signs Required. All adult entertainment businesses shall have conspicuously
displayed in the common area at the principal entranceo the premises a sign, on
t
which uppercase letters shall be at least two inches high, which shall read as
follows:

THIS ADULT ENTERTAINMENT BUSINESS
IS REGULATEDAND LICENSED
BY THE CITY OF SHAWNEE, KANSAS

ENTERTAINERS ARE:

• Not permitted to engage in any typeof sexual conduct or prostitution on the
premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals
of any employee, patron or other entertainer to fondle, caress or touch the breasts,
pubic region, buttocks or genitals of said entertainer.

• Not permitted to be nude, tmdothed, or in less than opaque attire, costume or
clothing so as to expose to view any portion of the breasts below the top of the
areola, or any portion of the pubic region, buttocks and/or genitals.

" Not permitted to demand or collect any payment or gratuity from any customer
for entertainment, except as follows:

• WhiIe such entertainer is on the stage, by placing such payment or gratuity into a
box affixed to the stage, or

* While such entertainer is not on the stage, by either placing such payment or
gratuity into the entertainer's hand, or under the entertainer's leg garter.

A
CUSTOMER'S RE:

*Not permitted to be upon the stage at any time.

*Not permitted to touch, caress or fondle the breasts, pubic region, buttocks, or
genitals of any employee, server or entertainer or engage in solicitation for
prmtitulJon.

G. Lighting Required. The premises of all adult entertainment businesses shall be
equipped with overhead lighting of sufficient intensity to illuminate every place to
which customers are permitted access at an illumination of not less than one foot
candle as measured at the floor level, and such illumination must be maintained at
all limes that any customer or patron is present in or on the premises.

H. Closed Booths or Rooms Prohibited. The premises of all adult entertainment
bu._esses shall be physically arranged in such manner that the entire interior
portion of any booth, cubicles, rooms or stalls is visible from a common area of the
-PAGE I0
ORDINANCE NO.2130

premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or
any other obstruction whatsoever.

L Ventilation and Sanitation Requirements. The premises of all adult
entertainment businesses shall be kept in a sanitary condition. Separate dressing
rooms and restrooms for men and women shall at all times be maintained and
kept in a sanitary condition.

J. Hours of Operation. No adult entertainment business may be open or in use
between the hours of two a.m. and nine a.m. on any day other than a Sunday when
business may not be open between the hours of two a.m. and twelve noon.

5.05.090 License- Posting or display. A. Every person, corporation, partnership or
association licensed under this chapter as an adult entertainment business shall
post such license in a conspicuous place and manner on the adult entertainment
facility
B. Every person holding an adult entertainment server, manager or entertainer
license shall post his or her license in his or her work area on the adult
entertainment facility premises so it shall be readily available for inspection by dty
authorities responsible for enforcement of this chapter.

5.05.100 Manager on premises. A. At all times the premises is open for business,
an adult entertainment manager shall be on duty at an adult entertainment
business. The name of the manager on duty shall be prominently posted during
business hours.

13. It shall be the responsibility of the manager to verify that any person who
provides adult entertainment or works as a server within the premises possesses a
current and valid adult entertainer's license or adult entertainment server's license
and that such licenses are prominently posted.

5.05.110. Inspectors and inspections. All adult entertainment businesses shall
permit representatives of the police department or any other dty offidal acting in
their oflidal capadty to inspect the premises as necessary to insure the business is
complying with all applicable regulations and laws.

5.05.120. Suspension, revocation or nonrenewal of license. Whenever the city
clerk has information that:

A. The owner or operator of an adult entertainment business or a holder of
an adult entertainment manager, server or entertainer license has violated, or
knowingly allowed or permitted the violation of, any of the provisions of this
chapter;,or

B. There have been recurrent violations of provisions of this chapter that
have omm_ under such circumstances that the owner or operator of an adult
entertainment business knew or should have known that such violations were
committed; or

C. The adult entertainment business license or the adult entertainment
manager, server or entertainer license was obtained through false statements in the
application for such license, or renewal thereof; or

D. The adult entertainment business licensee or the adult entertainment
manager, server or entertainer licensee failed to make a complete disclosure of all
information in the application for such license, or renewal thereof; or

F,. The owner or operator, or any partner, or any corporate officer or director
holding an adult entertainment business license has become disqualified from
having a license by a conviction as provided in Section 5.05.050 (A) (7); or
ORDINANCE NO. 2130 - PAGE 11

F. The holder of an adult entertainment manager, server or entertainer
license has become disqualified from having a license by a conviction as provided
in Section (B)(3).
5.05.050
Then the city clerk shall make this information known to the governing
body, which upon five days written notice to the person holding the license may
conduct a public hearing to determine whether the license should be suspended or
revoked. The governing body shall pass a resolution setting forth the procedures
for the conduct of such hearings. Based on the evidence produced at the hearing,
the governing body may take any of the following actions:
1. Suspend the license for up to ninety days,
2. Revoke the license for the remainder of the license year,
3. Place the license holder on administrative probation for a period of
up to one year, on the condition that no further violations of the chapter occur
during the period of probation. If a violation does occur and after a hearing the
violation is determined to have actually occurred, the license will be revoked for
the remainder of the license year.

5.05.130 Renewal. A. A license may be renewed by making application to the city
clerk on application forms provided for that purpose. Licenses shall _-:.pireon
December 31st of each calendar year, and renewal applications for such licenses
shall be submitted between December 16th and December 31st.

B. Upon limely application and review as provided for a new license, a license
issued under the provisions of this chapter shall be renewed by issuance of a new
license in themanner provided in this chapter.

C. If the application for renewal of a license is not made during the time provided
in subsection (A) of this section, the expiration of such license shall not be affected,
and a new application shall be required.

5.05.140 Violation-- Penalty. It shall be unlawful for any person to violate any of
the provisions of this chapter. Upon conviction thereof, such person shall be fined
not less than one dollar nor more than five hundred dollars or be punished in
incarceration for up to six months, or by both fine and incarceration. Each day's
violation of, or failure, refusal or neglect to comply with any provision of this
chapter shall constitute a separate and distinct offense.

5.05.150 Severab'dity. If any Section, subsection, paragraph, sentence clause or
phrase in this Chapter, or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdicEon,
such decisions shall not affect the validity or the effectiveness of the remaining
portions of this Chapter, or any part thereof.

PARAGRAPH 2. This ordinance shall be in full force and effect from and
after its passage and publication as provided by law.

PASSED by the City Council this 13th day of December, 1993.

APPROVED AND SIGNED by the Mayor this 13th day of December, 1993.

II_r ALLENf,,Ma_SY ........,
A'rms'r.., /'Y ,,,,'. ,,,...

cY erk .--" --
-
7---7"
...... .... _-
/
,,,,,,,x COUH.t't,,,,
_'la# m#= =a| 11tltj,l*t=
ORDINANCE NO. 2130-PAGE 12

APPROVED AS TO FORM:

_RVIN RAINEY, CityAttorney
F..

I hereby certify that the foregoing is the original ordinance; that said ordinance was
passed on the 13th day of December, 1993; that the record of the final vote on its
passage is found on page .._._0of Journal No. 33, and that it,was published in
the official city newspaper, on the _,_==day of
F|ru_ Publt_dled tn che Joer_t| Berald c_ k_dne_tsy,

City of Shawnee
_ No. 2130
The Journal Herald
l lOiM ],,Ims,,n Drt;'e
E_OI_4,1]t_I_'II_OO'Vtl_I_J OY(_'tl_I_'I(Oi= Sh.¢a',et. KS £,e203

rNIA_tlPt{ L_ MS d _ _ _ _ b_ AFFIDAVIT OF PUBLICATION

_--I'A'I"_OF l¢-_m,as.Ioht_on County.ss
o=_.s.=
_,tw=== .- f
RobinL RobetBbeing,lintduly sworn, deposes

. Herald. a weekly newspaper printed in the State of
Kansas. and pubhshed in and of general circulation
_" 11_'_t_"="="_t==_q_mlp=_l=_ ,=.,=
,_,,'--,.-=d b at=i_=¢ I_I, ==t_ _=m_= b
I_==l _d[_t =! ¢_= d tl_ d_' in Johnson County. Kansas. with a general paid cit"
m4, _ m¢l ¢mdm===me _k i _ _ culation on a weekly basis in Iohnson Count'. Kan-
: c - _ and that said newspaper is not a trade, religious
• "o_,,-,-=---.,--=1_ _ -- or fraternal publication.

m "lma4_lW' ilal_ra:l_am'lmi'mmal_a_l" m_': " "" Said newspaper is published weekly at least 50
C "l_lm_la_afa_ll_, " C" " _" :iaala_lrlmam=_ " time,sa year. has been published continuously and
,maid _ql_ke I=_=,_ I=__-'=
IIl=_l 41m_ _ _ unmtetuptedly in said County and Statefor a period
of moce than [il'e ),ears pnOT to the {i_stpublication
0,. 1_=i_===_'1_ =,_=1=_11=,,---_muh_=,=mm*_ _ : of said notice, and has been .'_lmitted to the post o(.
/mdllllddl :I -! ['.,l_im_l_*llmlm=;
- ficeofShawneeM/ssion, in said Coonty as secor/d
• "Jm'_l_'_)'_l_'a_m"_ m_l_'_'_'_d_, :: " classmatter.
,.,.,_.,..--..i/m.l_ ..._,.__ _ _ i1_ _ dll_,_. 1_.
__m4/ml_mhlm_;aul That the attached notice is a true copy thereof
•' . . and was published in t_ re_lar and enhre issueof
.
IF.l_*"=='_"_l_=dlqr'_'=8=b=t_l_r=_=m_d_t'. said r,ew_paper for ._L _msecutive weeks, the

:;.._ _ .. --: _. _. the "_._';_'_'_ Ib__ t0_w!thsubse-
" "; : quent pubhcahom being, made on the following
_ _ _IM_'_ _"_t- --' -'-" _ _ _t._,: dates.

= _
: din= t.-,m_m= m, i_mlm,,_me,d,_=_=*m, e.q_/ .to__

°,Mk_- -" -_bm;mm"ml']_'--_'-_d'dl_.t "_"t'r-_'_'m': "

_;_._1,_N,=_;,_-='.._
• _* -. .... • .
;"-l_m_,li_l _ =,..m_d- _ d Im_'-'_-" _" _ _1 • Subscribedar_ sworn to I:_ore ms this ....

./m_ma,---_.dl_i,a_.,almmaatm_m_... Notary Pubhc in and ;:or
" "--_'1"_ "_'. :" - -

_._:.,.-,._ ,_ . _.
.:m," "."_ __ -" __ i_"q_ll_d""_,m_'l_'_',"_l_ c_ My commission expires .I
' " --"-- • ' • " t
I RACquet. c:: t
"a,l=="--'==_ru'm='q -'''_ '='*"_" "h =r_ " '_ l
P, 'L.:_-iC '1
i_!OT,_;r{:,
I _=,._,.,_mm,,---_e=_5_d.,-_,_. _?_a_y,_ I ,:_T t ,,

I'lo_e/Fee ..................................................................

_q, :'-m_'_Id_m'l_mm_r
lw_Ir_-_N_l_....m,._dl_l_l_l_l_,l_,_=_dq_a_l,'" ............. _.i_,,.,;. ............ ._.._......................
PrintetsFe_ .

,_-.t_. _,,b_) t= _ _ ,_mm u,m_- I_nar_e
Total ........................................................

. d_ _r,=_*_ _ -_'m_m_
Ii ,__ _ a_l l'_ _ jtci_

r., II "a'_'_ _sti srdlii'_ _ _ t'_ l'_ I °li

t IJ_4 I,'l.:-,'n _tr:r

_,_----'-"_-- • _.._#cll__ R_ Herald• a weekly newspaper printed in the State c,f
i[_,_sl_e_pi_. _lk_l_..[_[$,_ssl_ K_nsas. and published in and of general circulatior,
c_.'_-t_ =_.,ltB_swis_ll___art
_1_ _-_slmdl_ a'D_--'_ dlb=_,.__,
l=i, in Ioh_n County. Kansas,with a general paid cir-
=/tls=Is=,=_===_=l,_ ,a_t.== _._.=li_==='_ samand that said r.ewspa_e,r is not _ trade. _e_i_ous

_"_l_.lw_ a_-t-_i''r_ . w 5
Saide_._papetispublished eekly at least 0
-_ has _n pubiis_ continuously
tim_ a year, and
uninterupted|y in said County arid State _:or a period

_:_ ._li_l_ ,..a-,,,-,-._ _,_.,._ i_m_ll _ic_l...,,4 _n o[ more than five yearspnor Io the Firstpublication

fice of shawnee Mission. in said County as second
__1_1_1_ _i_%_ c_ said notice,and hasbeen admitted to the postof-
.___._i_i_m_.._.w_ _ --,_ _ ,_. _
_ i_ _ class atter
m

_,,,d_ ........ _ ..... _li.p_i_ That t_ ai_c_ notice isa _e copy i_r_[
• - i"m_li_: " "' _ l _ll "_i" i i
and was publishednthere_[arand enfire_ue_
_[m_ll_4balRm_l_l;i-_S_l_de_..-.._'--_'_ said newspaper for _ conse_u,ive weeks, tke
= ___-_i_ _li_-__ii = (int publication thereof beintl made _ aforesaidOn
•_l_ _'_ _l_ _" I_ _dY still -- _ the _ day of _ I__........_ with subse-

S.i_lltlilll_
• i lllFll=lllllllllllali_- llr'- --li
. - -" l', i_llmlllll"'i=llllill =. _l _ _lil quenl publications being made on the following
dates.

.- = _n_el_,_l_-_.-"_-lem_.-_-_._- 10_

• d_kl=_---,.lii==[=li_---- ll'/=,'--,=tllsl_lltlll_t_l-_li_t_ , )9_

_=_m.."=,i_
._ - . ,io_
i_lllllilii/I
I _',,,I ill I fill i
_ -2.
I _Jll- IIi i _'lll III • Su_ri_ to_ft_e me tk__
a_ sv..orn
day oi t9_
%._,.._-_.
• . _• :.,--: ±.- ilm_r_=wd,_.,_

. lli_i'm'_mlli_ll il Notary Public
inand for

•. _ f_/_m_l_d[_'_. " _ty commission expir_

iilli F_.;,..W..._,...'....,.; ........................... F.'..I
.......
' 1 _l_illlllll.
li_llllll/
PnntersFee.................................................................

_' C_r_ l'_l_m_ I dl_ ................................................................
To[alC_arge
5. lot .qFltr_mlild i, _=## IIi' II li_l/=l m_mcl ,==,_,
s,.ag'llnt _,-_imlmmma. Al-'-,_mmsa,_

cni_,q ,,mh d qqJa:aU_ _,.Immn ,m_h,,.,_.

M_I_.._emm.m_m_cr mmwmld _m_. W_m_'m'_ my
clmk_- r_smlim IIm: .,

A. llw o_ et _ d a *d_ mmW_mw Immmmot a halda e/
The Journal Herald

" "' :_t I tlka_ward,,gaklaa_mkam,mdk_wxh',,t_Aabmswm't
w AFFIDAVIT OF PUBLICATION;
C 'tim a_W_a_u_amm_ h_ma li_m w dm adull_m_,damml
m_ll_'m'_r fro, la _m_e., ae t,,_.,_l gm'_; _
_ w_Ik_'l'_d_l_l+l_i_ _h_ STATE OF Kan'_s Iohnson Coun_x. _,s-
al_i_

0,. "l_a,_l_ - " -'1 " n I_ w"-'-_s'_ama_a_m Robin L Roberts being hrst dub," s',vorn dep,.xe<.
_amm'm'_,' " _" _ "_,..,_,,-aamC,lma,_m_m_,',_all and says that he Is the publisher oi The Iournal
ta_t"'m_x"_'etn_'m_lCtea_et . Heratd a '.veekly ne',.cspaper printed in the State c,t
K 'Ile_'at q_ml_._*_Itm'a_t,_r ¢m;'_. 'd_*t_'_'d_t
I -* Kansas and published m and ot general clrculatp+,n
l_llq,..-_-_m,_zl_ml_m_l_md_d _ m Iohnsnn C runty. Kansas with a general paid ,.it-
Im_qa . _""'l_'a_a_l_ml "
_'_a $'_
•
(A)(_1_m' . ._ culation on a ,,_,eekly basis in Iohnson County Kan-
Ikme Im1_ I_la,_,m m'_,mammm_mmel_ kitam.,_*_mamD_ro,_l
I_m_ _qmli_l _ Im_l a I_m _om_ _ im, .. sas and that sa_d newspaper ,s not a trade rehg ,u,,
_¢-_-,. $,18,1_(2g -,. or fr._terr_l publicaht',n
_ l_t d_ d_k _11 ---t-- t_. _ lmm_ _ d_ Ilmmmall ..
I_l_-_+'_l_mll_d_lr_m_l°_l_im°mln°l_l_l_"'--"mlr -_--_ I_ amlpaad_ _
• ,,--_--,, e lm_: Impel w _ _,_m' liraIkm_ ; Said ne,.vspaper is published '.,_eekl.', at least 5C,
l_ellwm_l_/,A.a l_ma_ml m Nutagl_,_,_lX_:_lam .,,, times a year has been published o.mtmuou'.ly and
unintetuptedl:,, in said Co_niw and State or a pennd
d_ ilmm_ i_/_ ,_, m7 d i_ _ mlm_ ,'.v .
• I. _mlm_l _,e _"----Im'_lp_,a/me1_/v,, _ Ot more than hve years prior to the hrst pubhcation
2. Imel_ll_,---.._l_ _ms_-' _" IIc_* l_r. "-" _¢/..aid notice and has been admitted to the po,,t ot-
8
11. ,1m,_lr_m_lm_,m ..... : .+" " '_'_l:a_ld :_ in
rice of Shawnee .Mss "_n ,,a_d County as ,.e_0nd
_
'ml_ ma' line. _ _" ""nw'_ '_" _ _'_lm' _ "_tl_ duma' a_m' ,class matter

_ll_-.,.-_,-,,a-al'almg,,-,.,,-_.. That the attached notice is a true copy thereot
..... and ,.',,'aspublished in the regular and entire issue ot
_ _
A _ '_--'-" I__ _ _,I_ _ _ A" c_/ ""-. said ne'.,_spaper '/or _ consecuti,..e _'eeks. the
d_kmqq_llm t,.,lm_l_l _,Omlmlm_ w_-----d_lle_l_o_ "'+ first publicahon thereof being made ,is aforesa,d on
_a_,ataa_d'--_l_-ml---_. _ - _"'_--" the __dayot lo_ ,,,,ithsuEr.e.
Xldl_'=h'_--a_r'--='_'14_'_mm_la_" "' quent publications being made on the tollo_.vmg
• _ _ _ ,-_ .m_ m lam_ ,... m,,,.i_mL _ aroma _ date,.

P.. IIdlll_olmtlllmmmll_am_,,---IIm---a-d_lq I_l_m lmm_l Ia_

_1 a _ alq_m_a "A'aIm_l_ad- l,.+__

ll_md_- l'_d_. I_d_i I_ mlm_l _. _
-- im,,,+,_ _t,---d,._r+,u_. ,m.+_ k._
prom m,rl_m my d
--". _-,o.._. _, "--+' +i la___

SmmalNl_'. II_ ._._ _i_i_. Ix_Im, l_ _ _or : Sub_rihed and s'e,'orn to before me this __
I_Xmar,,,I1_ _ala_, m.a_, lm'__ a r,,..aalrnma,a ts*klw _

I,,,A•,_I_Z. "_ma_,_rmma_ta_lmma_l_ I_m,,-,a Notary Public tnand tot
ama'_'Pm'_'-a La_z_ma_lmm_ll_qm" Iohnson County. Kansas

o4:at,_... '
My com ma,a,u,,xa-
1 -. +.,.':_:tlTS

"",: , _"'" ' AS
I
I

. . . l_t_u'_ Fee..................................................................

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...........
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................................................................