Date: December 31, 2007Contact: Dale Goter, Communications Team: DGoter@wichita.gov: (316) 268-4351
In response to various media inquiries, the following statement has been issued by the office of Gary E. Rebenstorf, City of Wichita Director of Law and City Attorney: SEXUALLY ORIENTED BUSINESS ORDINANCE STATUS As of Jan. 1, the moratorium on new licenses for sexually oriented businesses within the City of Wichita will expire. The moratorium was approved Feb. 8, 2005, by the Wichita City Council. The Council also enacted a new zoning ordinance on that date that restricts those businesses to areas that are further than 500 feet from a church, school, public park, licensed in day care center, residential zoning district boundary, Old Town district boundary, or other adult entertainment establishment. The 2005 ordinance defines a sexually oriented business within the City of Wichita as a holder of a valid adult entertainment establishment license. By adding the definition, the City’s regulatory code became consistent with the existing City-County unified zoning code. As of Feb. 8, 2005, there were nine sexually oriented businesses validly operating in the City of Wichita in areas prohibited by the new limitations. The moratorium provided a two-year grace period for those businesses to voluntarily comply with the new ordinance. Since the enactment of the 2005 ordinance, four of these businesses have closed their doors and ceased to operate. The City is in the process of negotiating the eminent closure of two such additional businesses. The ordinance requires the City to test the constitutional validity of the ordinance in court before it seeks to enforce it against any of the remaining, pre-existing businesses. It is likely there will be three such businesses. These businesses will not be sued directly. There are available court procedures that will allow the City to seek a court determination without placing the burden of defense on those businesses. However, those remaining businesses will have an opportunity to appear in court if they so choose to address the validity of the ordinance. There are seven sexually oriented businesses in the City currently operating in areas allowed by the resolution. The specific ordinance that addresses the lawsuit requirement is found at VII-J.2.c of the Wichita/ Sedgwick County Unified Zoning Code. Back to Top
In response to various media inquiries, the following statement has been issued by the office of Gary E. Rebenstorf, City of Wichita Director of Law and City Attorney:
SEXUALLY ORIENTED BUSINESS ORDINANCE STATUS
As of Jan. 1, the moratorium on new licenses for sexually oriented businesses within the City of Wichita will expire. The moratorium was approved Feb. 8, 2005, by the Wichita City Council.
The Council also enacted a new zoning ordinance on that date that restricts those businesses to areas that are further than 500 feet from a church, school, public park, licensed in day care center, residential zoning district boundary, Old Town district boundary, or other adult entertainment establishment.
The 2005 ordinance defines a sexually oriented business within the City of Wichita as a holder of a valid adult entertainment establishment license. By adding the definition, the City’s regulatory code became consistent with the existing City-County unified zoning code. As of Feb. 8, 2005, there were nine sexually oriented businesses validly operating in the City of Wichita in areas prohibited by the new limitations. The moratorium provided a two-year grace period for those businesses to voluntarily comply with the new ordinance.
Since the enactment of the 2005 ordinance, four of these businesses have closed their doors and ceased to operate. The City is in the process of negotiating the eminent closure of two such additional businesses.
The ordinance requires the City to test the constitutional validity of the ordinance in court before it seeks to enforce it against any of the remaining, pre-existing businesses. It is likely there will be three such businesses. These businesses will not be sued directly. There are available court procedures that will allow the City to seek a court determination without placing the burden of defense on those businesses. However, those remaining businesses will have an opportunity to appear in court if they so choose to address the validity of the ordinance.
There are seven sexually oriented businesses in the City currently operating in areas allowed by the resolution.
The specific ordinance that addresses the lawsuit requirement is found at VII-J.2.c of the Wichita/ Sedgwick County Unified Zoning Code.
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