856             1997 Session Laws of Kansas             Ch. 147

An Act concerning cities and counties; relating to planning and zoning; relating to the
enforcement of codes and resolutions; amending K.S.A. 12-504, 12-505, 12-745, 12-747,
12-752, 12-758, 19-101d, 58-2613 and 58-2614 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-504 is hereby amended to read as follows: 12-
504. Whenever the governing body of the city in which any of the follow-
ing are located or whenever the owner or owners of any townsite or part
of a townsite, or of any addition or part of an addition to any city, or the
governing body in which the following are located, or the owner or owners
of the lands adjoining on both sides of any street, alley or public reser-
vation such as, but not limited to public easements, dedicated building
setback lines, access control, or a part thereof, in any city or any addition
thereto, desires to have the same vacated, or desires to exclude any farm-
ing lands or unplatted tracts, or any addition or part of an addition to be
vacated hereunder, from the boundaries of the city wherein situated, the
governing body of such city or the city planning commission shall give
public notice of the same by a publication for two consecutive weeks in
some in a newspaper of general circulation in the vicinity of such place
sought to be vacated or excluded or in the official city newspaper in which
is situated the place, tract or tracts, street, alley, or public reservation

Ch. 147             1997 Session Laws of Kansas             857

sought to be vacated or excluded, if there is any such newspaper published
therein. Such notice shall be published at least one time at least 20 days
prior to the date of the hearing. Such notice shall state that a petition has
been filed in the office of the city clerk praying for such vacation or
exclusion, or both, describing the property fully, and that on a certain
date after the completion of such publication notice, naming the day on
which the petition will be presented to the governing body of the city or
the city planning commission for a hearing thereon, and that at such time
and place all persons interested can appear and be heard under the pe-
tition.

Sec. 2. K.S.A. 12-505 is hereby amended to read as follows: 12-505.
(a) Upon the presentation of such petition, as hereinbefore provided for,
to the governing body of the city or planning commission, the governing
body or planning commission shall proceed to hear the same, or may
adjourn the hearing from time to time to some day and hour certain, as
deemed necessary, and which adjournment shall be noted upon the rec-
ord of the proceedings thereof. On the day of the hearing of such petition,
the governing body or planning commission shall hear such testimony as
may be produced before it, and such other testimony as required in order
to fully understand the true nature of the petition and the propriety of
granting the same. If the planning commission holds the hearing, the
commission shall make a recommendation regarding the vacation and
submit such recommendation to the governing body in the same manner
provided by K.S.A. 12-752, and amendments thereto, for the submission
and approval of recommendations regarding plats. Subject to the provi-
sions of subsection (b), if the governing body or planning commission
determines from the proofs and evidence presented that due and legal
notice has been given by publication as required in this act, and that no
private rights will be injured or endangered by such vacation or exclusion,
and that the public will suffer no loss or inconvenience thereby, and that
in justice to the petitioner or petitioners the prayer of the petitioner ought
to be granted, the governing body shall order that such vacation or exclu-
sion, or both, be made. Any order approving a vacation of plat, street,
alleys, easements or a public reservation shall provide for the reservation
to the city and the owners of any lesser property rights for public utilities,
rights-of-ways and easements for public service facilities originally held
in such plat, street, alley, easement or public reservation then in existence
and use. The petition shall not be granted if a written objection thereto
is filed with the city clerk, at the time of or before the hearing, by any
owner or adjoining owner who would be a proper party to the petition
but has not joined therein. When only a portion of a street, alley or public
reservation is proposed to be vacated, the petition shall not be granted if
a written objection is filed with the clerk of the governing body by any
owner of lands which adjoin the portion to be vacated.

858             1997 Session Laws of Kansas             Ch. 147

(b) If within two years following the effective date of the annexation
of any tract pursuant to K.S.A. 12-520c, and amendments thereto, and
upon petition of the owner of any such tract, the governing body of the
city shall exclude such tract if the owner reimburses the city for all costs
incurred by the city in the extension of services to such tract, together
with interest on the amount of such costs at a rate provided by K.S.A. 16-
201, and amendments thereto. The owner shall be required to pay only
those costs which are attributable to services which exclusively benefit
such tract.

The provisions of this subsection shall apply only to a tract which is
under one ownership on the date the petition for exclusion is filed by the
owner thereof with the city governing body, and which will not adjoin
the city on the effective date of its exclusion from the city.

The terms ``tract'' and ``owner'' in this subsection shall have the same
meaning ascribed thereto in K.S.A. 12-519, and amendments thereto.

The provisions of this subsection shall expire on December 31, 1997.

(c) Any lands so excluded shall be listed for future taxation the same
as though it had never been a part of such city, and which order shall be
entered at length on the records of the proceedings of the governing body.
Thereupon the city clerk shall certify a copy of such order to the register
of deeds of the county in which such property is located. The register of
deeds shall record in the deed records of the county at the expense of
the petitioner or petitioners, and the register of deeds shall also write on
the margin of the recorded plat of such townsite or addition, the words
``canceled by order'' or ``canceled in part by order,'' as the case may be,
giving reference thereon to the page and book of records where such
order is recorded in the register's office.

Sec. 3. K.S.A. 12-745 is hereby amended to read as follows: 12-745.
(a) The members of the planning commission shall meet at such time and
place as may be fixed in the commission's bylaws. The commission shall
elect one member as chairperson and one member as vice-chairperson
who shall serve one year and until their successors have been elected. A
secretary also shall be elected who may or may not be a member of the
commission. Special meetings may be called at any time by the chairper-
son or in the chairperson's absence by the vice-chairperson. The com-
mission shall adopt bylaws for the transaction of business and hearing
procedures. The bylaws may provide for and establish conditions and
procedures under which subcommittees of the commission which are au-
thorized to approve plats and make recommendations to the governing
body on amendments to the zoning regulations affecting specific proper-
ties. Unless otherwise provided by this act or by ordinance of the govern-
ing body of a city or by a resolution of the governing body of a county,
no action by the planning commission shall be taken except by a majority
vote of the membership thereof members present and voting. A record

Ch. 147             1997 Session Laws of Kansas             859

of all proceedings of the planning commission shall be kept. The com-
mission may employ such persons deemed necessary and may contract
for such services as the commission requires. The commission, from time
to time, may establish subcommittees, advisory committees or technical
committees to advise or assist in the activities of the commission.

(b) The provisions of this section shall become effective on and after
January 1, 1992.

Sec. 4. K.S.A. 12-747 is hereby amended to read as follows: 12-747.
(a) A city planning commission is hereby authorized to make or cause to
be made a comprehensive plan for the development of such city and any
unincorporated territory lying outside of the city but within the same
county in which such city is located, which in the opinion of the planning
commission, forms the total community of which the city is a part. The
city shall notify the board of county commissioners in writing of its intent
to extend the planning area into the county. A county planning commis-
sion is authorized to make or cause to be made a comprehensive plan for
the coordinated development of the county, including references to plan-
ning for cities as deemed appropriate. The provisions of this subsection
may be varied through interlocal agreements.

(b) The planning commission may adopt and amend a comprehensive
plan as a whole by a single resolution, or by successive resolutions, the
planning commission may adopt or amend parts of the plan. Such reso-
lution shall identify specifically any written presentations, maps, plats,
charts or other materials made a part of such plan. In the preparation of
such plan, the planning commission shall make or cause to be made com-
prehensive surveys and studies of past and present conditions and trends
relating to land use, population and building intensity, public facilities,
transportation and transportation facilities, economic conditions, natural
resources and may include any other element deemed necessary to the
comprehensive plan. Such proposed plan shall show the commission's
recommendations for the development or redevelopment of the territory
including: (a) The general location, extent and relationship of the use of
land for agriculture, residence, business, industry, recreation, education,
public buildings and other community facilities, major utility facilities
both public and private and any other use deemed necessary; (b) popu-
lation and building intensity standards and restrictions and the application
of the same; (c) public facilities including transportation facilities of all
types whether publicly or privately owned which relate to the transpor-
tation of persons or goods; (d) public improvement programming based
upon a determination of relative urgency; (e) the major sources and ex-
penditure of public revenue including long range financial plans for the
financing of public facilities and capital improvements, based upon a pro-
jection of the economic and fiscal activity of the community, both public
and private; (f) utilization and conservation of natural resources; and (g)

860             1997 Session Laws of Kansas             Ch. 147

any other element deemed necessary to the proper development or re-
development of the area. Before adopting or amending any such plan or
part thereof, the planning commission shall hold a public hearing thereon,
notice of which shall be published at least once in the official city news-
paper in the case of a city or in the official county newspaper in the case
of a county. Such notice shall be published at least 20 days prior to the
date of the hearing. Upon the adoption or amendment of any such plan
or part thereof by adoption of the appropriate resolution by a majority
vote of all members of the planning commission, a certified copy of the
plan or part thereof, together with a written summary of the hearing
thereon, shall be submitted to the governing body. No comprehensive
plan shall be effective unless approved by the governing body as provided
by this section. The governing body either may: (1) Approve such rec-
ommendations by ordinance in a city or resolution in a county; (2) over-
ride the planning commission's recommendations by a 2/3 majority vote;
or (3) may return the same to the planning commission for further con-
sideration, together with a statement specifying the basis for the govern-
ing body's failure to approve or disapprove. If the governing body returns
the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations
giving the reasons therefor or submit new and amended recommenda-
tions. Upon the receipt of such recommendations, the governing body,
by a simple majority thereof, may adopt or may revise or amend and adopt
such recommendations by the respective ordinance or resolution, or it
need take no further action thereon. If the planning commission fails to
deliver its recommendations to the governing body following the planning
commission's next regular meeting after receipt of the governing body's
report, the governing body shall consider such course of inaction on the
part of the planning commission as a resubmission of the original rec-
ommendations and proceed accordingly. The comprehensive plan and
any amendments thereto shall become effective upon publication of the
respective adopting ordinance or resolution.

(c) An attested copy of the comprehensive plan and any amendments
thereto shall be sent to all other taxing subdivisions in the planning area
which request a copy of such plan. Such plan or part thereof shall con-
stitute the basis or guide for public action to insure a coordinated and
harmonious development or redevelopment which will best promote the
health, safety, morals, order, convenience, prosperity and general welfare
as well as wise and efficient expenditure of public funds.

(d) At least once each year, the planning commission shall review or
reconsider the plan or any part thereof and may propose amendments,
extensions or additions to the same. The procedure for the adoption of
any such amendment, extension or addition to any plan or part thereof
shall be the same as that required for the adoption of the original plan or
part thereof.

Ch. 147             1997 Session Laws of Kansas             861

(e) The provisions of this section shall become effective on and after
January 1, 1992.

Sec. 5. K.S.A. 12-752 is hereby amended to read as follows: 12-752.
(a) The owner or owners of any land located within an area governed by
regulations subdividing the same into lots and blocks or tracts or parcels,
for the purpose of laying out any subdivisions, suburban lots, building
lots, tracts or parcels or any owner of any land establishing any street,
alley, park or other property intended for public use or for the use of
purchasers or owners of lots, tracts or parcels of land fronting thereon or
adjacent thereto, shall have a plat drawn as may be required by the sub-
division regulations. Such plat shall accurately describe the subdivision,
lots, tracts or parcels of land giving the location and dimensions thereof
and the location and dimensions of all streets, alleys, parks or other prop-
erties intended to be dedicated to public use or for the use of purchasers
or owners of lots, tracts or parcels of land fronting thereon or adjacent
thereto. All plats shall be verified by the owner or owners thereof. All
such plats shall be submitted to the planning commission or to the joint
committee for subdivision regulation.

(b) The planning commission or the joint committee shall determine
if the plat conforms to the provisions of the subdivision regulations. If
such determination is not made within 60 days after the first meeting of
such commission or committee following the date of the submission of
the plat to the secretary thereof, such plat shall be deemed to have been
approved and a certificate shall be issued by the secretary of the planning
commission or joint committee upon demand. If the planning commission
or joint committee finds that the plat does not conform to the require-
ments of the subdivision regulations, the planning commission or joint
committee shall notify the owner or owners of such fact. If the plat con-
forms to the requirements of such regulations, there shall be endorsed
thereon the fact that the plat has been submitted to and approved by the
planning commission or joint committee.

(c) The governing body shall accept or refuse the dedication of land
for public purposes within 30 days after the first meeting of the governing
body following the date of the submission of the plat to the clerk thereof.
The governing body may defer action for an additional 30 days for the
purpose of allowing for modifications to comply with the requirements
established by the governing body. No additional filing fees shall be as-
sessed during that period. If the governing body defers or refuses such
dedication, it shall advise the planning commission or joint committee of
the reasons therefor.

(d) The governing body may establish a scale of reasonable fees to
be paid to the secretary of the planning commission or joint committee
by the applicant for approval for each plat filed with the planning com-
mission or joint committee.

862             1997 Session Laws of Kansas             Ch. 147

(e) No building or zoning permit shall be issued for the use or con-
struction of any structure upon any lot, tract or parcel of land located
within the area governed by the subdivision regulations that has been
subdivided, resubdivided or replatted after the date of the adoption of
such regulations by the governing body or governing bodies but which
has not been approved in the manner provided by this act.

(f) Any regulations adopted by a governing body with reference to
subdividing lots shall provide for the issuance of building permits on plat-
ted lots divided into not more than two tracts without having to replat the
lot, provided that the resulting tracts shall not again be divided without
replatting such lots. Such regulations also may authorize and establish
conditions for the issuance of building permits on lots divided into three
or more tracts without having to replat such lots. Such regulations shall
provide that lots zoned for industrial purposes may be divided into two
or more tracts without replatting such lot. Such regulations shall contain
a procedure for issuance of building or zoning permits on divided lots
which shall take into account the need for adequate street rights-of-way,
easements, improvement of public facilities, and zoning regulations if in
existence.

(g) The regulations shall provide for a procedure which specifies a
time limit within which action shall be taken, and shall further provide,
where applicable, for the final decision on the issuance of such building
permit to be made by the governing body, except as may be provided by
law.

(h) The register of deeds shall not file any plat until such plat shall
bear the endorsement hereinbefore provided and the land dedicated for
public purposes has been accepted by the governing body.

(i) The provisions of this section shall become effective on and after
January 1, 1992.

Sec. 6. K.S.A. 58-2613 is hereby amended to read as follows: 58-
2613. Whenever the owners of any tract or part of a tract of land which
has been platted as an addition or subdivision or adjoins on both sides of
any street, alley, public easement, or public reservation, or part thereof,
and which lies wholly outside the limits of any incorporated city or within
the limits of an incorporated city which has had no governing body for
10 years or more desire to have the same vacated, the owners shall file a
petition with the board of county commissioners of the county in which
the land is located or with the planning commission of such county, de-
scribing the plat, street, alley, public easement or reservation, including
dedicated building setback lines or access control proposed to be vacated
and praying for the vacation of the plat, street, alley, public easement or
reservation described. Upon the filing of the petition, the board of county
commissioners or the planning commission shall fix a time for the hearing
of the petition and shall give notice of the hearing by publication once

Ch. 147             1997 Session Laws of Kansas             863

each week for three consecutive weeks in the official county paper. Such
notice shall be published at least one time at least 20 days prior to the
date of the hearing. If the land is located within an area which is subject
to the subdivision regulations of any city, notice of the hearing shall also
be given to the governing body and planning commission of such city.

Sec. 7. K.S.A. 58-2614 is hereby amended to read as follows: 58-
2614. Upon the hearing, if the board of county commissioners shall be
satisfied that due and regular notices have determines that notice has been
given as required by this act, that the public will suffer no loss or incon-
venience by such vacation and that no private rights will be injured or
endangered thereby, it the board shall order that such vacation be made
and if the vacation is of a plat that such land shall thereafter be listed for
taxation and for other purposes as though it had never been platted: Pro-
vided, That. If the planning commission holds the hearing, the commission
shall make a recommendation regarding the vacation and submit such
recommendation to the board in the same manner provided by K.S.A. 12-
752, and amendments thereto, for submission and approval of recom-
mendations regarding plats. No such vacation shall be granted if the gov-
erning body of any city having subdivision regulations applicable to the
area in which said the property is located, shall protest against such va-
cation. When only a portion of a street, alley or public reservation is
proposed to be vacated, the petition shall not be granted if a written
objection is filed with the county clerk by any owner of land which adjoins
the portion to be vacated. The order of the board shall be entered on the
records of proceedings of the board, and a certified copy thereof recorded
in the office of the register of deeds of the county. Such order, if ap-
proving a vacation of a plat, street, alley, public easement or reservation
shall protect and provide for the property rights of public utilities, rights-
of-way, and easements for public service facilities then in existence and
use. The costs of the proceedings, including publication and recording
costs, shall be paid by the party or parties presenting the petition.

Sec. 8. K.S.A. 19-101d is hereby amended to read as follows: 19-
101d. (a) (1) The board of county commissioners of any county shall have
the power to enforce all resolutions passed pursuant to county home rule
powers, as designated by K.S.A. 19-101c and amendments thereto. Such
resolutions may be enforced by enjoining violations thereof or by pre-
scribing penalties for violations of such resolutions, either by fine, or by
confinement in the county jail, or by both such fine and confinement.
Unless otherwise provided by the resolution that defines and makes pun-
ishable the violation of such resolution, the penalty imposed shall be in
accordance with the penalties established by law for conviction of a class
C misdemeanor. In no event shall the penalty imposed for the violation
of a resolution exceed the penalties established by law for conviction of
a class B misdemeanor.

864             1997 Session Laws of Kansas             Ch. 147

(2) Prosecution for any such violation shall be commenced in the
district court in the name of the county and, except as provided in sub-
section (b), shall be conducted in the manner provided by law for the
prosecution of misdemeanor violations of state laws. Writs and process
necessary for the prosecution of such violations shall be in the form pre-
scribed by the judge or judges of the courts vested with jurisdiction of
such violations by this act, and shall be substantially in the form of writs
and process issued for the prosecution of misdemeanor violations of state
laws. Each county shall provide all necessary supplies, forms and records
at its own expense.

(b) (1) In addition to all other procedures authorized for the enforce-
ment of county codes and resolutions, in any county with a population in
excess of 300,000 150,000, the prosecution for violation of codes and
resolutions adopted by the board of county commissioners may be com-
menced in the district court in the name of the county and may be con-
ducted, except as otherwise provided in this section, in the manner pro-
vided for and in accordance with the provisions of the code for the
enforcement of county codes and resolutions.

(2) For the purposes of aiding in the enforcement of county codes
and resolutions, the board of county commissioners may employ or ap-
point code enforcement officers for the county who shall have power to
sign, issue and execute notices to appear and uniform citations or uniform
complaints and notices to appear, as provided in the appendix of forms
of the code contained in this act to enforce violations of county codes and
resolutions, but shall have no power to issue warrants or make arrests.
All warrants shall be issued and arrests made by law enforcement officers
pursuant to and in the manner provided in chapter 21 of the Kansas
Statutes Annotated.

(3) The board of county commissioners may employ or appoint at-
torneys for the purpose of prosecuting actions for the enforcement of
county codes and resolutions, and such attorneys shall have the duties,
powers and authorities provided by the board as necessary to prosecute
actions under the code.

(4) All costs for the enforcement and prosecution of violations of
county codes and resolutions, except for compensation and expenses of
the district court judge, shall be paid from the revenues of the county
and, the board of county commissioners may establish a special law en-
forcement fund for the purpose of paying for the costs of code enforce-
ment within the county. In addition, the board of county commissioners
is hereby authorized to levy a tax of not to exceed 1/2 mill upon all taxable
tangible property within such county to pay the costs of code enforce-
ment.

(c) Notwithstanding the provisions of subsection (b), any action com-
menced in the district court for the enforcement of county codes and
resolutions, wherein a person may be subject to detention or arrest or

Ch. 147             1997 Session Laws of Kansas             865

wherein an accused person, if found guilty, would or might be deprived
of such person's liberty, shall be conducted in the manner provided by
law for the prosecution of misdemeanor violations of state laws under the
Kansas code of criminal procedure and not under the code for the en-
forcement of county codes and resolutions.

Sec. 9. K.S.A. 12-758 is hereby amended to read as follows: 12-758.
(a) Except as otherwise provided by this section and sections 10 and 11,
and amendments thereto, regulations adopted under authority of this act
shall not apply to the existing use of any building or land, but shall apply
to any alteration of a building to provide for a change in use or a change
in the use of any building or land after the effective date of any regulations
adopted under this act. If a building is damaged by more than 50% of its
fair market value such building shall not be restored if the use of such
building is not in conformance with the regulations adopted under this
act.

(b) Except for flood plain regulations in areas designated as a flood
plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and
amendments thereto, or a county pursuant to this act shall not apply to
the use of land for agricultural purposes, nor for the erection or main-
tenance of buildings thereon for such purposes so long as such land and
buildings are used for agricultural purposes and not otherwise.

New Sec. 10. (a) When used in this section:

(1) The words and phrases used in this section shall have the same
meaning ascribed thereto by K.S.A. 12-742, and amendments thereto;

(2) ``adult arcade'' means any place to which the public is permitted
or invited in which coin-operated, slug-operated or for any form of con-
sideration, electronically, electrically or mechanically controlled still or
motion picture machines, projectors, video or laser disc players or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by the depicting or describing of spec-
ified sexual activities or specified anatomical areas.

(3) ``adult bookstore'', ``adult novelty store'' or ``adult video store''
means a commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or more of
the following:

(A) Books, magazines, periodicals or other printed matter, or pho-
tographs, films, motion pictures, video cassettes or video reproductions,
slides or other visual representations which are characterized by the de-
piction or description of specified sexual activities or specified anatomical
areas; or

(B) instruments, devices or paraphernalia which are designed for use
in connection with specified sexual activities;

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(4) ``adult cabaret'' means a nightclub, bar, restaurant or similar com-
mercial establishment which regularly features:

(A) Persons who appear in a state of nudity or semi-nudity; or

(B) live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or

(C) films, motion pictures, video cassettes, slides or other photo-
graphic reproductions which are characterized by the depiction or de-
scription of specified sexual activities or specified anatomical areas;

(5) ``adult motel'' means a hotel, motel or similar commercial estab-
lishment which:

(A) offers accommodations to the public for any form of considera-
tion; provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproduc-
tions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and has a sign visible from
the public right-of-way which advertises the availability of this adult type
of photographic reproductions; or

(B) offers a sleeping room for rent for a period of time that is less
than 10 hours; or

(C) allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours;

(6) ``adult motion picture theater'' means a commercial establishment
where, for any form of consideration, films, motion pictures, video cas-
settes, slides or similar photographic reproductions are regularly shown
which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas;

(7) ``adult theater'' means a theater, concert hall, auditorium or sim-
ilar commercial establishment which regularly features persons who ap-
pear in a state of nudity or semi-nudity, or live performances which are
characterized by the exposure of specified anatomical areas or by speci-
fied sexual activities;

(8) ``escort'' means a person who, for consideration, agrees or offers
to act as a companion, guide, or date for another person, or who agrees
or offers to privately model lingerie or to privately perform a striptease
for another person;

(9) ``escort agency'' means a person or business association who fur-
nishes, offers to furnish or advertises to furnish escorts as one of its pri-
mary business purposes for a fee, tip or other consideration;

(10) ``nude model studio'' means any place where a person who ap-
pears semi-nude, in a state of nudity, or who displays specified anatomical
areas and is provided to be observed, sketched, drawn, painted, sculp-
tured, photographed or similarly depicted by other persons who pay
money or any form of consideration. Nude model studio shall not include
a college, community college or university supported entirely or in part
by public money; a private college or university which maintains and op-

Ch. 147             1997 Session Laws of Kansas             867

erates educational programs in which credits are transferable to a college,
community college or university supported entirely, partly by public
money or in a structure or private studio:

(A) That has no sign visible from the exterior of the structure and no
other advertising that indicates a nude or semi-nude person is available
for viewing;

(B) where, in order to participate in a class, a student must enroll at
least three days in advance of the class; and

(C) where no more than one nude or semi-nude model is on the
premises at any one time;

(11) ``nudity'' or a ``state of nudity'' means the showing of the human
male or female genitals, pubic area, vulva, anus, anal cleft or cleavage
with less than a fully opaque covering, the showing of the female breast
with less than a fully opaque covering of any part of the nipple or the
showing of the covered male genitals in a discernibly turgid state.

(12) ``sexual encounter center'' means a business or commercial en-
terprise that, as one of its principal business purposes, offers for any form
of consideration:

(A) Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or

(B) activities between either male and female persons or persons of
the same sex, or both, when one or more of the persons is in a state of
nudity or semi-nude;

(13) ``semi-nude'' or in a ``semi-nude condition'' means the showing
of the female breast below a horizontal line across the top of the areola
at its highest point or the showing of the male or female buttocks. Such
term shall include the lower portion of the human female breast, but shall
not include any portion of the cleavage of the human female breast, ex-
hibited by a dress, blouse, skirt, leotard, bathing suit or other wearing
apparel provided the areola is not exposed in whole or in part;

(14) ``sexually oriented business'' means an adult arcade, adult book-
store, adult novelty store, adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, escort agency, nude model
studio or sexual encounter center;

(15) ``specified anatomical areas'' means:

(A) The human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or

(B) less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above the
top of the areola.

(b) The governing body may adopt, in the manner provided by K.S.A.
12-741 et seq., and amendments thereto, reasonable regulations for the
gradual elimination of sexually oriented businesses which constitute non-
conforming uses.

868             1997 Session Laws of Kansas             Ch. 147

New Sec. 11. Nothing in this act is intended to prevent cities or
counties from enforcing local laws, enacted under other legal authority,
for the gradual elimination of nonconforming uses.

Sec. 12. K.S.A. 12-504, 12-505, 12-745, 12-747, 12-752, 12-758, 19-
101d, 58-2613 and 58-2614 are hereby repealed.

Sec. 13. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 24, 1997.

Published in the Kansas Register: May 1, 1997.