Goodland planning commissioners weigh how to regulate adult-entertainment retailers after business inquiry

The Goodland Planning Commission spent the bulk of its meeting debating how to respond to a local business inquiry about selling adult-oriented material in part of a storefront. Staff said an applicant had spoken with city staff about using floor area for sales of adult material, and commissioners reviewed a planning memo noting that the current zoning code both defines adult-entertainment uses and also contains a line that “adult entertainment establishments are hereby prohibited,” language staff said conflicts with state law.

Why it matters: commissioners flagged a Kansas Supreme Court and state-law constraint that, according to staff, requires municipalities to allow adult uses in at least one municipal zoning district. Commissioners said the city’s current blanket prohibition could be vulnerable to legal challenge and discussed options that would let the city exert control without an outright ban.

Commissioners and staff debated three main approaches. One option is a simple definition with a single allowed district as the statute requires; a second is to allow certain kinds of businesses (bookstores, novelty shops, video stores) while excluding others by tighter definitions; and a third is to require a conditional-use permit so the planning commission reviews each proposal. "By law, we can't say absolutely not," one commissioner said during the discussion, adding that First Amendment protections limit the city's ability to prohibit expression. Supporters of stronger limits urged maximum permissible distance buffers and licensing requirements to reduce exposure near schools and parks.

Specific regulatory tools discussed included distance buffers from residential zones, schools, parks, libraries and daycare facilities; licensing similar to Newton’s model with annual fees and employee licensing; limits on outside signage or no exterior indication of use; and conditional-use review to allow location-specific restrictions. Commissioners questioned the use of an arbitrary numerical threshold that appeared in the packet (a 30% floor-area or gross-receipts test), with one planner noting no statute or clear precedent supporting that figure and warning it could be challenged in court.

Commissioners also discussed community impacts and enforcement. One commissioner raised concerns about trafficking and the town’s image along the interstate corridor, while others said a conditional-use process combined with maximum-allowed restrictions would let the commission reject inappropriate locations. Staff said existing businesses and current containers would be grandfathered; any new regulations would apply prospectively.

Next steps: staff was asked to draft ordinance language, weighing a simple definition with a single allowed district against conditional-use permitting and the maximum distance and licensing restrictions the city’s legal counsel will permit. The commission asked staff to return proposed text and legal guidance for future action.