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Goodland begins code rewrite to allow and regulate adult entertainment uses, staff warns against blanket ban
Summary
City staff recommended and commissioners agreed to pursue a text amendment to zoning and use standards to allow adult entertainment uses in defined zones with distance, licensing and signage limits; staff warned a total prohibition could be struck down under state law and Supreme Court precedent.
Goodland city staff told the City Commission they will prepare a text amendment to update zoning definitions and use standards for adult entertainment establishments after a local business inquired about selling adult novelties along the K-27 corridor.
City Manager Kent said the city’s code contains detailed definitions that treat adult bookstores, adult motion-picture theaters, adult cabarets and related uses as a broad category, and it also contains language in the use standards that currently prohibits those uses. Kent warned that a total prohibition would likely be legally vulnerable: "you have to have it in a zone... you can't just prohibit it outright," Kent said, citing state statute and court precedent that limit blanket bans.
Staff and a planning consultant (Barb Cole) recommended splitting the rewrite into two parts: updating definitions and then revising use standards through a planning commission–led text amendment and public hearing. Commissioners debated practical controls: distance buffers from residential areas, churches and schools (examples discussed included 500 to 1,000 feet), restricting signage that reveals content (while preserving allowable size and type limits), and licensing or application fees to regulate operations.
Chief Ever Arar raised an enforcement and retail-impact point: mainstream retailers such as Walmart also carry adult items, which complicates content-based rules. "Walmart does carry a whole section of adult *** toys," the chief said, prompting discussion about how an ordinance could affect large retailers.
Commissioners emphasized protections to keep materials out of minors’ immediate view. "...making sure that... that is not available to minors right off the bat when you walk in the door," one commissioner said. The planning commission favored allowing such uses in highway commercial (C-1) areas or as conditional uses in industrial districts, and staff said they will draft language that includes distance, licensing, signage and conditional-use options.
No ordinance or vote occurred; staff will draft a text amendment and return it to the planning commission for public hearings and a formal recommendation to the commission.
