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16  AN ACT concerning cities and counties; relating to planning and zoning;
17    relating to the powers and duties of the planning commission; [relat-
18    ing to the enforcement of codes and resolutions;] amending
19    K.S.A. 12-504, 12-505, 12-745, 12-747, 12-752, [12-758,] [19-101d,]
20    58-2613 and 58-2614 and repealing the existing sections.
21
22  Be it enacted by the Legislature of the State of Kansas:
23    Section 1.  K.S.A. 12-504 is hereby amended to read as follows: 12-
24  504. Whenever the governing body of the city in which any of the follow-
25  ing are located or whenever the owner or owners of any townsite or part
26  of a townsite, or of any addition or part of an addition to any city, or the
27  governing body in which the following are located, or the owner or owners
28  of the lands adjoining on both sides of any street, alley or public reser-
29  vation such as, but not limited to public easements, dedicated building
30  setback lines, access control, or a part thereof, in any city or any addition
31  thereto, desires to have the same vacated, or desires to exclude any farm-
32  ing lands or unplatted tracts, or any addition or part of an addition to be
33  vacated hereunder, from the boundaries of the city wherein situated, the
34  governing body of such city or the city planning commission shall give
35  public notice of the same by a publication for two consecutive weeks in
36  some in a newspaper of general circulation in the vicinity of such place
37  sought to be vacated or excluded or in the official city newspaper in which
38  is situated the place, tract or tracts, street, alley, or public reservation
39  sought to be vacated or excluded, if there is any such newspaper published
40  therein. Such notice shall be published at least one time and no sooner
41  than 10 days [at least 20 days] prior to the date of the hearing. [Such
42  notice shall be published not less than 10 nor more than 20 days
43  prior to the date of the hearing.] Such notice shall state that a petition
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 1  has been filed in the office of the city clerk praying for such vacation or
 2  exclusion, or both, describing the property fully, and that on a certain
 3  date after the completion of such publication notice, naming the day on
 4  which the petition will be presented to the governing body of the city or
 5  the city planning commission for a hearing thereon, and that at such time
 6  and place all persons interested can appear and be heard under the pe-
 7  tition.
 8    Sec. 2.  K.S.A. 12-505 is hereby amended to read as follows: 12-505.
 9  [(a)] Upon the presentation of such petition, as hereinbefore provided
10  for, to the governing body of the city or planning commission, the gov-
11  erning body or planning commission shall proceed to hear the same, or
12  may adjourn the hearing from time to time to some day and hour certain,
13  as deemed necessary, and which adjournment shall be noted upon the
14  record of the proceedings thereof. On the day of the hearing of such
15  petition, the governing body or planning commission shall hear such tes-
16  timony as may be produced before it, and such other testimony as re-
17  quired in order to fully understand the true nature of the petition and
18  the propriety of granting the same. If the planning commission holds the
19  hearing, the commission shall make a recommendation regarding the va-
20  cation and submit such recommendation to the governing body in the
21  same manner provided by K.S.A. 12-752, and amendments thereto, for
22  the submission and approval of recommendations regarding plats. If
23  [Subject to the provisions of subsection (b), if] the governing body
24  or planning commission determines from the proofs and evidence pre-
25  sented that due and legal notice has been given by publication as required
26  in this act, and that no private rights will be injured or endangered by
27  such vacation or exclusion, and that the public will suffer no loss or in-
28  convenience thereby, and that in justice to the petitioner or petitioners
29  the prayer of the petitioner ought to be granted, the governing body shall
30  order that such vacation or exclusion, or both, be made. Any order ap-
31  proving a vacation of plat, street, alleys, easements or a public reservation
32  shall provide for the reservation to the city and the owners of any lesser
33  property rights for public utilities, rights-of-ways and easements for public
34  service facilities originally held in such plat, street, alley, easement or
35  public reservation then in existence and use. The petition shall not be
36  granted if a written objection thereto is filed with the city clerk, at the
37  time of or before the hearing, by any owner or adjoining owner who would
38  be a proper party to the petition but has not joined therein. When only
39  a portion of a street, alley or public reservation is proposed to be vacated,
40  the petition shall not be granted if a written objection is filed with the
41  clerk of the governing body by any owner of lands which adjoin the por-
42  tion to be vacated.
43    [(b)  If within two years following the effective date of the an-
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 1  nexation of any land pursuant to K.S.A. 12-520c, and amendments
 2  thereto, and upon petition of the owner of any such land, the gov-
 3  erning body shall vacate or exclude such land if the petitioner re-
 4  imburses the city for all costs incurred by the city in the extension
 5  of services to such land, together with interest on the amount of
 6  such costs at a rate provided by K.S.A. 16-201, and amendments
 7  thereto. The petitioner shall be required to pay only those costs
 8  which are attributable to services which exclusively benefit such
 9  land.
10    [(c)]  Any lands so excluded shall be listed for future taxation the same
11  as though it had never been a part of such city, and which order shall be
12  entered at length on the records of the proceedings of the governing body.
13  Thereupon the city clerk shall certify a copy of such order to the register
14  of deeds of the county in which such property is located. The register of
15  deeds shall record in the deed records of the county at the expense of
16  the petitioner or petitioners, and the register of deeds shall also write on
17  the margin of the recorded plat of such townsite or addition, the words
18  ``canceled by order'' or ``canceled in part by order,'' as the case may be,
19  giving reference thereon to the page and book of records where such
20  order is recorded in the register's office.
21    Sec. 3.  K.S.A. 12-745 is hereby amended to read as follows: 12-745.
22  (a) The members of the planning commission shall meet at such time and
23  place as may be fixed in the commission's bylaws. The commission shall
24  elect one member as chairperson and one member as vice-chairperson
25  who shall serve one year and until their successors have been elected. A
26  secretary also shall be elected who may or may not be a member of the
27  commission. Special meetings may be called at any time by the chairper-
28  son or in the chairperson's absence by the vice-chairperson. The com-
29  mission shall adopt bylaws for the transaction of business and hearing
30  procedures. The bylaws may provide for and establish conditions and
31  procedures under which subcommittees of the commission which are
32  authorized to approve plats and make recommendations to the governing
33  body on amendments to the zoning regulations affecting specific proper-
34  ties. Unless otherwise provided by this act or by ordinance of the gov-
35  erning body of a city or by a resolution of the governing body of a
36  county, no action by the planning commission shall be taken except by
37  a majority vote of the membership thereof members present and voting.
38  A record of all proceedings of the planning commission shall be kept. The
39  commission may employ such persons deemed necessary and may con-
40  tract for such services as the commission requires. The commission, from
41  time to time, may establish subcommittees, advisory committees or tech-
42  nical committees to advise or assist in the activities of the commission.
43    (b)  The provisions of this section shall become effective on and after
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 1  January 1, 1992.
 2    Sec. 4.  K.S.A. 12-747 is hereby amended to read as follows: 12-747.
 3    (a) A city planning commission is hereby authorized to make or cause to
 4  be made a comprehensive plan for the development of such city and any
 5  unincorporated territory lying outside of the city but within the same
 6  county in which such city is located, which in the opinion of the planning
 7  commission, forms the total community of which the city is a part. The
 8  city shall notify the board of county commissioners in writing of its intent
 9  to extend the planning area into the county. A county planning commis-
10  sion is authorized to make or cause to be made a comprehensive plan for
11  the coordinated development of the county, including references to plan-
12  ning for cities as deemed appropriate. The provisions of this subsection
13  may be varied through interlocal agreements.
14    (b)  The planning commission may adopt and amend a comprehensive
15  plan as a whole by a single resolution, or by successive resolutions, the
16  planning commission may adopt or amend parts of the plan. Such reso-
17  lution shall identify specifically any written presentations, maps, plats,
18  charts or other materials made a part of such plan. In the preparation of
19  such plan, the planning commission shall make or cause to be made com-
20  prehensive surveys and studies of past and present conditions and trends
21  relating to land use, population and building intensity, public facilities,
22  transportation and transportation facilities, economic conditions, natural
23  resources and may include any other element deemed necessary to the
24  comprehensive plan. Such proposed plan shall show the commission's
25  recommendations for the development or redevelopment of the territory
26  including: (a) The general location, extent and relationship of the use of
27  land for agriculture, residence, business, industry, recreation, education,
28  public buildings and other community facilities, major utility facilities
29  both public and private and any other use deemed necessary; (b) popu-
30  lation and building intensity standards and restrictions and the application
31  of the same; (c) public facilities including transportation facilities of all
32  types whether publicly or privately owned which relate to the transpor-
33  tation of persons or goods; (d) public improvement programming based
34  upon a determination of relative urgency; (e) the major sources and ex-
35  penditure of public revenue including long range financial plans for the
36  financing of public facilities and capital improvements, based upon a pro-
37  jection of the economic and fiscal activity of the community, both public
38  and private; (f) utilization and conservation of natural resources; and (g)
39  any other element deemed necessary to the proper development or re-
40  development of the area. Before adopting or amending any such plan or
41  part thereof, the planning commission shall hold a public hearing thereon,
42  notice of which shall be published at least once in the official city news-
43  paper in the case of a city or in the official county newspaper in the case
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 1  of a county. Such notice shall be published at least not less than 10 nor
 2  more than [at least] 20 days prior to the date of the hearing. Upon the
 3  adoption or amendment of any such plan or part thereof by adoption of
 4  the appropriate resolution by a majority vote of all members of the plan-
 5  ning commission, a certified copy of the plan or part thereof, together
 6  with a written summary of the hearing thereon, shall be submitted to the
 7  governing body. No comprehensive plan shall be effective unless ap-
 8  proved by the governing body as provided by this section. The governing
 9  body either may: (1) Approve such recommendations by ordinance in a
10  city or resolution in a county; (2) override the planning commission's
11  recommendations by a 2/3 majority vote; or (3) may return the same to
12  the planning commission for further consideration, together with a state-
13  ment specifying the basis for the governing body's failure to approve or
14  disapprove.  If the governing body returns the planning commission's rec-
15  ommendations, the planning commission, after considering the same,
16  may resubmit its original recommendations giving the reasons therefor
17  or submit new and amended recommendations. Upon the receipt of such
18  recommendations, the governing body, by a simple majority thereof, may
19  adopt or may revise or amend and adopt such recommendations by the
20  respective ordinance or resolution, or it need take no further action
21  thereon. If the planning commission fails to deliver its recommendations
22  to the governing body following the planning commission's next regular
23  meeting after receipt of the governing body's report, the governing body
24  shall consider such course of inaction on the part of the planning com-
25  mission as a resubmission of the original recommendations and proceed
26  accordingly. The comprehensive plan and any amendments thereto shall
27  become effective upon publication of the respective adopting ordinance
28  or resolution.
29    (c)  An attested copy of the comprehensive plan and any amendments
30  thereto shall be sent to all other taxing subdivisions in the planning area
31  which request a copy of such plan. Such plan or part thereof shall con-
32  stitute the basis or guide for public action to insure a coordinated and
33  harmonious development or redevelopment which will best promote the
34  health, safety, morals, order, convenience, prosperity and general welfare
35  as well as wise and efficient expenditure of public funds.
36    (d)  At least once each year, the planning commission shall review or
37  reconsider the plan or any part thereof and may propose amendments,
38  extensions or additions to the same. The procedure for the adoption of
39  any such amendment, extension or addition to any plan or part thereof
40  shall be the same as that required for the adoption of the original plan or
41  part thereof.
42    (e)  The provisions of this section shall become effective on and after
43  January 1, 1992.
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 1    Sec. 5.  K.S.A. 12-752 is hereby amended to read as follows: 12-752.
 2    (a) The owner or owners of any land located within an area governed by
 3  regulations subdividing the same into lots and blocks or tracts or parcels,
 4  for the purpose of laying out any subdivisions, suburban lots, building
 5  lots, tracts or parcels or any owner of any land establishing any street,
 6  alley, park or other property intended for public use or for the use of
 7  purchasers or owners of lots, tracts or parcels of land fronting thereon or
 8  adjacent thereto, shall have a plat drawn as may be required by the sub-
 9  division regulations. Such plat shall accurately describe the subdivision,
10  lots, tracts or parcels of land giving the location and dimensions thereof
11  and the location and dimensions of all streets, alleys, parks or other prop-
12  erties intended to be dedicated to public use or for the use of purchasers
13  or owners of lots, tracts or parcels of land fronting thereon or adjacent
14  thereto. All plats shall be verified by the owner or owners thereof. All
15  such plats shall be submitted to the planning commission or to the joint
16  committee for subdivision regulation.
17    (b)  The planning commission or the joint committee shall determine
18  if the plat conforms to the provisions of the subdivision regulations. If
19  such determination is not made within 60 days after the first meeting of
20  such commission or committee following the date of the submission of
21  the plat to the secretary thereof, such plat shall be deemed to have been
22  approved and a certificate shall be issued by the secretary of the planning
23  commission or joint committee upon demand. If the planning commission
24  or joint committee finds that the plat does not conform to the require-
25  ments of the subdivision regulations, the planning commission or joint
26  committee shall notify the owner or owners of such fact. If the plat con-
27  forms to the requirements of such regulations, there shall be endorsed
28  thereon the fact that the plat has been submitted to and approved by the
29  planning commission or joint committee.
30    (c)  The governing body shall accept or refuse the dedication of land
31  for public purposes within 30 days after the first meeting of the governing
32  body following the date of the submission of the plat to the clerk thereof.
33  The governing body may defer action for an additional 30 days for the
34  purpose of allowing for modifications to comply with the requirements
35  established by the governing body. No additional filing fees shall be as-
36  sessed during that period. If the governing body defers or refuses such
37  dedication, it shall advise the planning commission or joint committee of
38  the reasons therefor.
39    (d)  The governing body may establish a scale of reasonable fees to
40  be paid to the secretary of the planning commission or joint committee
41  by the applicant for approval for each plat filed with the planning com-
42  mission or joint committee.
43    (e)  No building or zoning permit shall be issued for the use or con-
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 1  struction of any structure upon any lot, tract or parcel of land located
 2  within the area governed by the subdivision regulations that has been
 3  subdivided, resubdivided or replatted after the date of the adoption of
 4  such regulations by the governing body or governing bodies but which
 5  has not been approved in the manner provided by this act.
 6    (f)  Any regulations adopted by a governing body with reference to
 7  subdividing lots shall provide for the issuance of building permits on plat-
 8  ted lots divided into not more than two tracts without having to replat
 9  the lot, provided that the resulting tracts shall not again be divided with-
10  out replatting such lots. Such regulations may provide also may author-
11  ize and establish conditions for the issuance of building permits on lots
12  divided into three or more tracts without having to replat such lots. Such
13  regulations shall provide that lots zoned for industrial purposes may be
14  divided into two or more tracts without replatting such lot. Such regula-
15  tions shall contain a procedure for issuance of building or zoning permits
16  on divided lots which shall take into account the need for adequate street
17  rights-of-way, easements, improvement of public facilities, and zoning
18  regulations if in existence.
19    (g)  The regulations shall provide for a procedure which specifies a
20  time limit within which action shall be taken, and shall further provide,
21  where applicable, for the final decision on the issuance of such building
22  permit to be made by the governing body, except as may be provided by
23  law.
24    (h)  The register of deeds shall not file any plat until such plat shall
25  bear the endorsement hereinbefore provided and the land dedicated for
26  public purposes has been accepted by the governing body.
27    (i)  The provisions of this section shall become effective on and after
28  January 1, 1992.
29    Sec. 6.  K.S.A. 58-2613 is hereby amended to read as follows: 58-
30  2613. Whenever the owners of any tract or part of a tract of land which
31  has been platted as an addition or subdivision or adjoins on both sides of
32  any street, alley, public easement, or public reservation, or part thereof,
33  and which lies wholly outside the limits of any incorporated city or within
34  the limits of an incorporated city which has had no governing body for
35  10 years or more desire to have the same vacated, the owners shall file a
36  petition with the board of county commissioners of the county in which
37  the land is located or with the planning commission of such county, de-
38  scribing the plat, street, alley, public easement or reservation, including
39  dedicated building setback lines or access control proposed to be
40  vacated and praying for the vacation of the plat, street, alley, public ease-
41  ment or reservation described. Upon the filing of the petition, the board
42  of county commissioners or the planning commission shall fix a time for
43  the hearing of the petition and shall give notice of the hearing by publi-
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 1  cation once each week for three consecutive weeks in in the official
 2  county paper. Such notice shall be published at least one time and no
 3  sooner than 10 days [at least 20 days] prior to the date of the hearing.
 4  [Such notice shall be published not less than 10 nor more than 20
 5  days prior to the date of the hearing.] If the land is located within an
 6  area which is subject to the subdivision regulations of any city, notice of
 7  the hearing shall also be given to the governing body and planning com-
 8  mission of such city.
 9    Sec. 7.  K.S.A. 58-2614 is hereby amended to read as follows: 58-
10  2614. Upon the hearing, if the board of county commissioners shall be
11  satisfied that due and regular notices have determines that notice has been
12  given as required by this act, that the public will suffer no loss or incon-
13  venience by such vacation and that no private rights will be injured or
14  endangered thereby, it the board shall order that such vacation be made
15  and if the vacation is of a plat that such land shall thereafter be listed for
16  taxation and for other purposes as though it had never been platted: Pro-
17  vided, That. If the planning commission holds the hearing, the commission
18  shall make a recommendation regarding the vacation and submit such
19  recommendation to the board in the same manner provided by K.S.A. 12-
20  752, and amendments thereto, for submission and approval of recom-
21  mendations regarding plats. No such vacation shall be granted if the gov-
22  erning body of any city having subdivision regulations applicable to the
23  area in which said the property is located, shall protest against such va-
24  cation. When only a portion of a street, alley or public reservation is
25  proposed to be vacated, the petition shall not be granted if a written
26  objection is filed with the county clerk by any owner of land which adjoins
27  the portion to be vacated. The order of the board shall be entered on the
28  records of proceedings of the board, and a certified copy thereof recorded
29  in the office of the register of deeds of the county. Such order, if ap-
30  proving a vacation of a plat, street, alley, public easement or reservation
31  shall protect and provide for the property rights of public utilities, rights-
32  of-way, and easements for public service facilities then in existence and
33  use. The costs of the proceedings, including publication and recording
34  costs, shall be paid by the party or parties presenting the petition.
35    [Sec. 8.  K.S.A. 19-101d is hereby amended to read as follows:
36  19-101d. (a) (1) The board of county commissioners of any county
37  shall have the power to enforce all resolutions passed pursuant to
38  county home rule powers, as designated by K.S.A. 19-101c and
39  amendments thereto. Such resolutions may be enforced by enjoin-
40  ing violations thereof or by prescribing penalties for violations of
41  such resolutions, either by fine, or by confinement in the county
42  jail, or by both such fine and confinement. Unless otherwise pro-
43  vided by the resolution that defines and makes punishable the vi-
SB 232--Am. by HCW
                                     

 1  olation of such resolution, the penalty imposed shall be in accor-
 2  dance with the penalties established by law for conviction of a class
 3  C misdemeanor. In no event shall the penalty imposed for the vi-
 4  olation of a resolution exceed the penalties established by law for
 5  conviction of a class B misdemeanor.
 6    [(2)  Prosecution for any such violation shall be commenced in
 7  the district court in the name of the county and, except as provided
 8  in subsection (b), shall be conducted in the manner provided by
 9  law for the prosecution of misdemeanor violations of state laws.
10  Writs and process necessary for the prosecution of such violations
11  shall be in the form prescribed by the judge or judges of the courts
12  vested with jurisdiction of such violations by this act, and shall be
13  substantially in the form of writs and process issued for the pros-
14  ecution of misdemeanor violations of state laws. Each county shall
15  provide all necessary supplies, forms and records at its own ex-
16  pense.
17    [(b) (1)  In addition to all other procedures authorized for the
18  enforcement of county codes and resolutions, in any county with
19  a population in excess of 300,000 150,000, the prosecution for vio-
20  lation of codes and resolutions adopted by the board of county
21  commissioners may be commenced in the district court in the
22  name of the county and may be conducted, except as otherwise
23  provided in this section, in the manner provided for and in accor-
24  dance with the provisions of the code for the enforcement of
25  county codes and resolutions.
26    [(2)  For the purposes of aiding in the enforcement of county
27  codes and resolutions, the board of county commissioners may em-
28  ploy or appoint code enforcement officers for the county who shall
29  have power to sign, issue and execute notices to appear and uni-
30  form citations or uniform complaints and notices to appear, as pro-
31  vided in the appendix of forms of the code contained in this act to
32  enforce violations of county codes and resolutions, but shall have
33  no power to issue warrants or make arrests. All warrants shall be
34  issued and arrests made by law enforcement officers pursuant to
35  and in the manner provided in chapter 21 of the Kansas Statutes
36  Annotated.
37    [(3)  The board of county commissioners may employ or ap-
38  point attorneys for the purpose of prosecuting actions for the en-
39  forcement of county codes and resolutions, and such attorneys
40  shall have the duties, powers and authorities provided by the board
41  as necessary to prosecute actions under the code.
42    [(4)  All costs for the enforcement and prosecution of violations
43  of county codes and resolutions, except for compensation and ex-
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 1  penses of the district court judge, shall be paid from the revenues
 2  of the county and, the board of county commissioners may estab-
 3  lish a special law enforcement fund for the purpose of paying for
 4  the costs of code enforcement within the county. In addition, the
 5  board of county commissioners is hereby authorized to levy a tax
 6  of not to exceed 1/2 mill upon all taxable tangible property within
 7  such county to pay the costs of code enforcement.
 8    [(c)  Notwithstanding the provisions of subsection (b), any ac-
 9  tion commenced in the district court for the enforcement of county
10  codes and resolutions, wherein a person may be subject to deten-
11  tion or arrest or wherein an accused person, if found guilty, would
12  or might be deprived of such person's liberty, shall be conducted
13  in the manner provided by law for the prosecution of misdemeanor
14  violations of state laws under the Kansas code of criminal proce-
15  dure and not under the code for the enforcement of county codes
16  and resolutions.]
17    [Sec. 9.  K.S.A. 12-758 is hereby amended to read as follows:
18  12-758. (a) Except as otherwise provided by this section and section 9,
19  and amendments thereto, regulations adopted under authority of this
20  act shall not apply to the existing use of any building or land, but
21  shall apply to any alteration of a building to provide for a change
22  in use or a change in the use of any building or land after the
23  effective date of any regulations adopted under this act. If a build-
24  ing is damaged by more than 50% of its fair market value such
25  building shall not be restored if the use of such building is not in
26  conformance with the regulations adopted under this act.
27    [(b)  Except for flood plain regulations in areas designated as a
28  flood plain, regulations adopted by a city pursuant to K.S.A. 12-
29  715b, and amendments thereto, or a county pursuant to this act
30  shall not apply to the use of land for agricultural purposes, nor for
31  the erection or maintenance of buildings thereon for such pur-
32  poses so long as such land and buildings are used for agricultural
33  purposes and not otherwise.
34    [New Sec. 10.  (a) When used in this section:
35    [(1)  The words and phrases used in this section shall have the
36  same meaning ascribed thereto by K.S.A. 12-742, and amendments
37  thereto;
38    [(2)  ``adult arcade'' means any place to which the public is per-
39  mitted or invited in which coin-operated, slug-operated or for any
40  form of consideration, electronically, electrically or mechanically
41  controlled still or motion picture machines, projectors, video or
42  laser disc players or other image-producing devices are main-
43  tained to show images to five or fewer persons per machine at any
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 1  one time, and where the images so displayed are distinguished or
 2  characterized by the depicting or describing of specified sexual
 3  activities or specified anatomical areas.
 4    [(3)  ``adult bookstore'', ``adult novelty store'' or ``adult video
 5  store'' means a commercial establishment which, as one of its prin-
 6  cipal purposes, offers for sale or rental for any form of consider-
 7  ation any one or more of the following:
 8    [(A)  Books, magazines, periodicals or other printed matter, or
 9  photographs, films, motion pictures, video cassettes or video re-
10  productions, slides or other visual representations which are char-
11  acterized by the depiction or description of specified sexual activ-
12  ities or specified anatomical areas; or
13    [(B)  instruments, devices or paraphernalia which are designed
14  for use in connection with specified sexual activities;
15    [(4)  ``adult cabaret'' means a nightclub, bar, restaurant or sim-
16  ilar commercial establishment which regularly features:
17    [(A)  Persons who appear in a state of nudity or semi-nudity; or
18    [(B)  live performances which are characterized by the expo-
19  sure of specified anatomical areas or by specified sexual activities;
20  or
21    [(C)  films, motion pictures, video cassettes, slides or other pho-
22  tographic reproductions which are characterized by the depiction
23  or description of specified sexual activities or specified anatomical
24  areas;
25    [(5)  ``adult motel'' means a hotel, motel or similar commercial
26  establishment which:
27    [(A)  offers accommodations to the public for any form of con-
28  sideration; provides patrons with closed-circuit television trans-
29  missions, films, motion pictures, video cassettes, slides or other
30  photographic reproductions which are characterized by the depic-
31  tion or description of specified sexual activities or specified ana-
32  tomical areas and has a sign visible from the public right-of-way
33  which advertises the availability of this adult type of photographic
34  reproductions; or
35    [(B)  offers a sleeping room for rent for a period of time that is
36  less than 10 hours; or
37    [(C)  allows a tenant or occupant of a sleeping room to subrent
38  the room for a period of time that is less than 10 hours;
39    [(6)  ``adult motion picture theater'' means a commercial estab-
40  lishment where, for any form of consideration, films, motion pic-
41  tures, video cassettes, slides or similar photographic reproductions
42  are regularly shown which are characterized by the depiction or
43  description of specified sexual activities or specified anatomical
SB 232--Am. by HCW
                                     

 1  areas;
 2    [(7)  ``adult theater'' means a theater, concert hall, auditorium
 3  or similar commercial establishment which regularly features per-
 4  sons who appear in a state of nudity or semi-nudity, or live per-
 5  formances which are characterized by the exposure of specified
 6  anatomical areas or by specified sexual activities;
 7    [(8)  ``escort'' means a person who, for consideration, agrees or
 8  offers to act as a companion, guide, or date for another person, or
 9  who agrees or offers to privately model lingerie or to privately
10  perform a striptease for another person;
11    [(9)  ``escort agency'' means a person or business association
12  who furnishes, offers to furnish or advertises to furnish escorts as
13  one of its primary business purposes for a fee, tip or other consid-
14  eration;
15    [(10)  ``nude model studio'' means any place where a person
16  who appears semi-nude, in a state of nudity, or who displays spec-
17  ified anatomical areas and is provided to be observed, sketched,
18  drawn, painted, sculptured, photographed or similarly depicted by
19  other persons who pay money or any form of consideration. Nude
20  model studio shall not include a college, community college or
21  university supported entirely or in part by public money; a private
22  college or university which maintains and operates educational
23  programs in which credits are transferable to a college, community
24  college or university supported entirely, partly by public money or
25  in a structure or private studio:
26    [(A)  That has no sign visible from the exterior of the structure
27  and no other advertising that indicates a nude or semi-nude person
28  is available for viewing;
29    [(B)  where, in order to participate in a class, a student must
30  enroll at least three days in advance of the class; and
31    [(C)  where no more than one nude or semi-nude model is on
32  the premises at any one time;
33    [(11)  ``nudity'' or a ``state of nudity'' means the showing of the
34  human male or female genitals, pubic area, vulva, anus, anal cleft
35  or cleavage with less than a fully opaque covering, the showing of
36  the female breast with less than a fully opaque covering of any part
37  of the nipple or the showing of the covered male genitals in a
38  discernibly turgid state.
39    [(12)  ``sexual encounter center'' means a business or commer-
40  cial enterprise that, as one of its principal business purposes, offers
41  for any form of consideration:
42    [(A)  Physical contact in the form of wrestling or tumbling be-
43  tween persons of the opposite sex; or
SB 232--Am. by HCW
                                     

 1    [(B)  activities between either male and female persons or per-
 2  sons of the same sex, or both, when one or more of the persons is
 3  in a state of nudity or semi-nude;
 4    [(13)  ``semi-nude'' or in a ``semi-nude condition'' means the
 5  showing of the female breast below a horizontal line across the top
 6  of the areola at its highest point or the showing of the male or
 7  female buttocks. Such term shall include the lower portion of the
 8  human female breast, but shall not include any portion of the
 9  cleavage of the human female breast, exhibited by a dress, blouse,
10  skirt, leotard, bathing suit or other wearing apparel provided the
11  areola is not exposed in whole or in part;
12    [(14)  ``sexually oriented business'' means an adult arcade, adult
13  bookstore, adult novelty store, adult video store, adult cabaret,
14  adult motel, adult motion picture theater, adult theater, escort
15  agency, nude model studio or sexual encounter center;
16    [(15)  ``specified anatomical areas'' means:
17    [(A)  The human male genitals in a discernibly turgid state, even
18  if completely and opaquely covered; or
19    [(B)  less than completely and opaquely covered human geni-
20  tals, pubic region, buttocks or a female breast below a point im-
21  mediately above the top of the areola.
22    [(b)  The governing body may adopt, in the manner provided
23  by K.S.A. 12-741 et seq., and amendments thereto, reasonable reg-
24  ulations for the gradual elimination of sexually oriented businesses
25  which constitute nonconforming uses.]
26    Sec. 8. [11.]  K.S.A. 12-504, 12-505, 12-745, 12-747, 12-752, [12-
27  758,] [19-101d,] 58-2613 and 58-2614 are hereby repealed.
28    Sec. 9. [12.]  This act shall take effect and be in force from and after
29  its publication in the statute book Kansas register.