§ 12-64. Standards of conduct and operation for adult cabarets.

(a)

The following standards of conduct must be adhered to by employees of any adult cabaret while on the adult live entertainment business premises:

(1)

Dancing or other live entertainment distinguished or characterized by an emphasis on the display, depiction or description of specified anatomical areas for observation by customers shall take place only in a location and manner meeting all of the following conditions:

a.

In a theater or open room of at least 600 square feet;

b.

On a stage, elevated at least 24 inches above the level on which patrons sit or stand; and

c.

With a horizontal separation of at least three feet between the performing area, as defined by the edge of the stage or by a rail or other physical barrier on the stage, and the nearest space to which customers shall have access.

(2)

No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, unless separated at least six feet from the nearest customer.

(3)

No employee or entertainer shall perform or engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area or buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the state's criminal code (RSMo ch. 573) on the premises.

(4)

No employee or entertainer shall display any specified anatomical area except as provided for in subsection (a)(1) and (2) of this section.

(5)

No employee or entertainer who is not separated from any and all customers as provided in subsection (a)(2) of this section shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (a)(2) of this section, except in an area of the business premises not open to customers.

(6)

No employee who appears in a semi-nude condition shall knowingly or intentionally touch a patron or the clothing of a patron. No employee or entertainer shall knowingly touch any specified anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of the employee or entertainer. No employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether the area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether the specified anatomical area is clothed, unclothed, covered or exposed.

(7)

No employee or entertainer shall wear or use any device or covering exposed to view which simulates any specified anatomical area.

(8)

No employee or entertainer shall use artificial devices or inanimate objects to display, depict or perform any specified sexual activities.

(9)

No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while the entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.

(10)

No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this article.

(11)

No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:

a.

While the entertainer is on the stage as provided in subsection (a)(1) of this section, a customer may place the payment or gratuity into a box located between the stage and the horizontal separation described in section 12-64(a)(1)c; or

b.

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

(b)

At any adult cabaret, the following are required:

(1)

A sign, on which upper-case letters shall be at least two inches high, and lowercase letters shall be at least one inch high, shall be conspicuously displayed in the common area at the principal entrance of the premises, and shall read as follows:

THIS ADULT LIVE ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF KANSAS CITY. ENTERTAINERS ARE:

a.

Not permitted to engage in any type of sexual activities on the business premises, or in prostitution.

b.

Not permitted to be unclothed or in less than opaque or complete 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 or genitals, unless separated at least three feet from the nearest customer and upon a stage at least 24 inches above the immediate floor level.

c.

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

i.

While the entertainer is on the stage, by placing the payment or gratuity into the box affixed to the stage; or

ii.

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

(2)

Neither any entertainment nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.

(3)

The premises 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 1.0 footcandle as measured at the floor level, and the illumination must be maintained at all times that any customer is present in or on the premises.

(Ord. No. 981345, § A, 12-21-98; Ord. No. 991208, § A, 9-30-99; Ord. No. 160373 , § 2, 6-9-16)