§ 19-388. Responsibilities of the operator.

(a)

The operator shall maintain a register of all employees, entertainers, masseuses, and masseurs showing the name, including aliases used, home address, birth date, sex, height, weight, color of hair and eyes, date of employment and termination, job duties of the party and such other information as may be required by the terms of the special use permit or the police department or sheriff's department. The above information shall be maintained in the register on the premises for a period of two years following termination.

(b)

The operator shall make the register of employees, entertainers, masseuses, and masseurs available immediately upon demand of law enforcement officers, the county administrator, or other person designated by the county administrator during hours of operation.

(c)

Every act or omission of an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator, if such act or omission occurs either with the authority, knowledge, or approval of the operator, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(d)

An operator shall be responsible for the conduct of all persons on the licensed premises and any act or omission of any person constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, or renewed if the operator has knowledge of the violation and fails to take action to cause such person to discontinue the unlawful conduct.

(e)

The premises of all adult businesses shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms, or stalls wherein entertainment is provided is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

(f)

The premises of all adult businesses will be so constructed as 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.

(g)

The operator shall be responsible for and shall provide that any room or area used for the purpose of adult shall be readily accessible at all times and shall be opened to view in its entirety for inspection by the county administrator, a person designated by the county administrator, or law enforcement officers at all reasonable times.

(h)

No operator, entertainer, employee, masseur, or masseuse of an adult business shall demand or collect all or any portion of a fee for entertainment before its completion.

(i)

A sign shall be conspicuously displayed in the common area of the premises of an adult business and shall read as follows:

"THIS ADULT BUSINESS IS REGULATED BY THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, ORDINANCE/RESOLUTION NO. ________.

(1)

Engaging in any type of unlawful sexual conduct is not permitted.

(2)

Exposing sex organs is not permitted;

(3)

Demanding or collecting all or any portion of a fee for entertainment before completion is not permitted."

(j)

The operation of any bathhouse or massage establishment shall be subject to the following regulations:

(1)

Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time.

(2)

Danger to safety, health. No service shall be given which is clearly dangerous or harmful to the safety or health of any person in the opinion of the county health department and after such notice is given in writing to the licensee.

(3)

Cleanliness of establishment. Every portion of a licensed establishment, including appliances and personnel, shall be kept clean and operated in a sanitary condition.

(4)

Personnel cleanliness, clothing, dressing rooms. All employees, entertainers, masseurs, and masseuses shall be clean and wear clean outer garments, which use is restricted to the licensed establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.

(5)

Personnel clothing. All employees, entertainers, masseurs, and masseuses must be modestly attired. Diaphanous, flimsy, or transparent clothing is prohibited. Clothing must not be skintight and must cover the employees', entertainers' masseurs', or masseuses' chests and torso at all times and extend below the genitals, pubic region, and buttocks.

(6)

Coverage of patrons, prohibition of genital contact. The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee, entertainer, masseur, or masseuse. Any contact with a patron's genital area, either directly or indirectly, is strictly prohibited.

(7)

Sheets and towels cleanliness. All licenses establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in approved, sanitary manner.

(8)

Cleanliness of heat rooms, showers, toilets, baths. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(k)

A licensee of an adult business shall have the premises supervised by a manager at all times when open for business. An adult manager shall be on duty at an adult business at all times when the premises are open for business. The name of the manager on duty shall be prominently posted during working hours. Any business rendering massage services shall have one person who qualifies as a masseur or masseuse on the premises at all times while the establishment is open. The manager designated or appointed by its licensee shall personally supervise the business and shall not violate, or permit others to violate, any applicable provision of this article.

(l)

No establishment granted a license under provisions of this article shall place, publish, distribute, or cause to be placed, published, or distributed any advertising matter that depicts any specified anatomical area that would reasonably suggest to prospective patrons that any service is available other than those services as described herein or that employees, entertainers, masseurs, or masseuses are dressed in any manner described herein, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described herein.

(Ord. No. O-01-07(Res. No. R-01-07), § 1(2.5-14), 1-4-2007)