As used in this chapter, the following words shall have the following meanings unless the context clearly indicates or requires a different meaning:
"DIRECTOR." The chief financial officer of the city or his designee.
"EMPLOYEE." Any person hired by or suffered or permitted to work in an establishment engaging in sexually explicit entertainment activities whether that person received remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment or from any other source whether by contract of employment or otherwise.
"ESTABLISHMENT." A business entity or endeavor, fixed, mobile or traveling, including its owners, operators, directors, shareholders, partners, employees, and possessions.
"LICENSEE." A person who is the holder of a valid license under this chapter also including an agent, servant or employee of or other person acting on behalf of a licensee whenever a licensee is prohibited from doing a certain act under this chapter.
"OPERATOR." Any individual, partnership, corporation or business entity with all such individuals, partners, shareholders, officers and directors over the age of eighteen (18) who established or maintains a business as its owner or manager and shall also mean licensee as defined in this chapter.
"OWNER." Any individual, partnership, corporation or business entity who has legal title to real estate with or without accompanying actual possession thereof or has all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof including a mortgage in possession.
"PERSON." Any individual, partnership, corporation or business entity.
"PRINCIPAL USE." A substantial or significant use. Any of the following criteria shall constitute evidence that an establishment is engaging in sexually explicit entertainment activity as a principal use:
(A) Contains more than fifteen percent (15%) of its stock in trade in material distinguished or characterized by an emphasis in sexual activity.
(B) Devotes more than fifteen percent (15%) of its floor space which is open to either the public generally or to members of the public other than minors for the display of material distinguished or characterized by an emphasis on sexual activities.
(C) Has more than a total of two hundred (200) square feet provided for the display, storage or sale of material distinguished or characterized by an emphasis on sexual activities.
(D) Advertises in a manner visible from the outside of the business premises the availability of material or entertainment distinguished or characterized by an emphasis on sexual activities.
"SEXUAL ACTIVITIES." Depiction of human genitals in a state of sexual stimulation, acts of human masturbation, sexual intercourse or sodomy, holding or other erotic touching of human genitals, pubic region, buttocks or breasts.
"SEXUALLY EXPLICIT ENTERTAINMENT ACTIVITY OR ACTIVITIES" or "SEXUALLY EXPLICIT ENTERTAINMENT ESTABLISHMENT" shall mean one or more of the following activities:
(A) "CABARET." An establishment which features as a principal use of its business entertainers, waiters, bartenders, male or female impersonators or persons, either male or female, who expose to public view of the patrons of the establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state.
(B) "COMMERCIAL SEXUAL ENTERTAINMENT CENTER." Any commercial establishment not otherwise described in this chapter which makes available material, services or entertainment appealing to sexual interests including but not limited to a bath house, swingers' club or similar establishment if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
(C) "MASSAGE PARLOR." An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand which promotes its services in a manner designed to appeal to the patron's sexual interest.
(D) "SELF-DESIGNED SEXUALLY EXPLICIT ENTERTAINMENT CENTER." Any establishment which designates all or a portion of its premises as for adults only or has a policy of excluding minors from its premises or from a portion of its premises and which makes available services, entertainment or goods at the premises or at the portion of the premises designated for adults only which are characterized or distinguished by depictions of sexual activities as defined in this chapter.
(E) "SEXUALLY EXPLICIT AMUSEMENT ARCADE." An establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing areas or similar devices either coin-, token-, or slug-operated or which in consideration of an entrance fee display material distinguished or characterized by an emphasis on depictions of sexual activities as defined in this section or which offer male or female persons who expose to view of the customer the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material or human or simulated male genitals in a discernible turgid state even if completely or opaquely covered.
(F) "SEXUALLY EXPLICIT BOOK STORE." An establishment having as one of its principal uses the sale, rent or display of pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on depictions of sexual activities as hereinafter defined or an establishment with a substantial segment or section devoted to the sale, rental or display of such material.
(G) "SEXUALLY EXPLICIT ENTERTAINMENT PROVIDER." A commercial establishment, such as a hotel or motel, which in addition to providing as the major part of its business services unrelated to depictions of sexual activities as herein defined makes entertainment, either live or on film or video tape, available to its customers, which entertainment has as a dominant theme or is characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities if such establishment advertises the availability of such sexually explicit entertainment. The advertisement of such materials shall not include the position of a card or hand bill on or near a television set in a hotel or motel room advising room guests that such sexually explicit movies are available upon request of the guest or advertising informing the public of the availability.
(H) "SEXUALLY EXPLICIT ESCORT OR ESCORT SERVICE." A person or business which is held out to the public to be available for hire and which for monetary consideration agrees to consort with or accompany another or others to or about social affairs, entertainments or places of amusement or within any place of public resort or within any private quarters and advertise, communicates or offers that sexually explicit entertainment activity will be provided.
(I) "SEXUALLY EXPLICIT MOTION PICTURE THEATER." An establishment having or advertising as having as one of its principal uses the presentation of motion picture, slide projections or other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as defined in this chapter for observation by persons therein.
(J) "SEXUALLY EXPLICIT STAGE SHOW THEATER." An establishment having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as defined in this chapter for observation by persons therein.
(K) "SEXUALLY EXPLICIT VIDEO CASSETTE CENTER." A commercial establishment which has as one of its principal uses the rental or retail sale of video cassettes which depict material distinguished or characterized by an emphasis on or depictions of sexual activities as defined in this chapter and which does not provide an on-premises showing of such materials.
(L) "TAXI DANCE HALL." An establishment operated as a public dance hall where dance partners, either male or female, are available for hire for a monetary consideration payable either by the dance or as part of an entrance fee or membership fee.
(Ord. No. 25-2002, 1-7-03)
(A) An establishment engaging in a sexually explicit entertainment activity, except as otherwise provided by laws which may be more restrictive, may not have more than one (1) outside flush-to-the-wall, facial style sign, not to exceed in size ten (10) feet in length (horizontal to the ground) and three (3) feet in width (vertical to the ground) with no flashing lights and with no lettering, wording or pictorial or representational matter which is distinguished or characterized by an emphasis on depictions of sexual activities as defined in § 62.001.
(B) An establishment engaging in a sexually explicit entertainment may not display its stock in trade or matter depicting, describing or relating to sexual activities in such manner as to be subject to public view from outside the establishment including but not limited to view from public sidewalks, streets, arcades, hallways or passways.
(C) An operator of an establishment engaging in a sexually explicit entertainment activity or sexually explicit escort service or his employee shall not permit a person under eighteen (18) years of age to be employed by or to enter his establishment or to be a patron of such service; provided, however, that a licensed sexually explicit entertainment establishment which devotes only a portion of its business premises to sexually explicit entertainment or material may permit the public, generally including minors, to enter the portions of the premises within which no sexually explicit entertainment or material is visible or on display. This provision shall not be construed to be an exemption from or in conflict with any requirement found in any statute, ordinance, regulation or other provision of law applicable to a licensee or potential licensee hereunder which is more stringent in terms of an age requirement for employees.
(D) An operator engaging in a sexually explicit entertainment activity shall at all times cause the entrance of his establishment to be so attended as to ensure compliance with the requirements contained in § 62.002(C), above.
(E) An establishment licensed to engage in sexually explicit entertainment shall not provide such entertainment between the hours of 12:00 midnight and 6:00 a.m.
(F) A sexually explicit amusement arcade, except as otherwise provided by laws which may be more restrictive, shall meet the following requirements:
(1) Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than one-hour fire-restrictive material and shall contain no hole or other perforation.
(2) A person who operates or causes to be operated a sexually explicit amusement arcade which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space a film, video cassette or other video reproduction which depicts sexual activities as defined in § 62.001 shall comply with the following requirements:
(a) The interior of the premises shall be configured in such a manner that there shall be an unobstructed, direct-line-of-sight view from a manager's or cashier's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment.
(b) It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in § 62.002(F)(2)(a) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times.
(c) No viewing room may be occupied by more than one (1) person at a time.
(3) There shall be no fewer than two (2) doorways, each of a width no less than thirty-six (36) inches, which provide ingress or egress from any room in which an amusement devise or viewing area is located; provided, however, that one (1) doorway shall be sufficient in the event the fire chief should so determine. The doorway or doorways shall be unlocked during business hours.
(4) Over every doorway which provides egress from any room in which an amusement device or viewing area is located there shall be maintained an internally illuminated exit sign with letters at least five (5) inches in height.
(5) A light level of no less than ten (10) foot candles at floor level shall be maintained in every portion of establishment to which the public is admitted.
(6) All persons regulated pursuant to this section must comply with the terms and conditions of § 62.002(F) within sixty (60) days after the effective date of this chapter.
(G) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than one thousand (1,000) feet from any church, synagogue or other permanent place of worship, licensed day care center, public or private elementary, middle or secondary school, institution of higher learning or business college or any park, mall or park-like area of open space under the control of a governmental agency. Such distance shall be measured along a straight line from the nearest property line of the real estate on which that building or public park-like area is located to the entrance to such establishment engaging in a sexually explicit entertainment activity.
(H) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than one thousand (1,000) feet from any area zoned residential. Such distance shall be measured along a straight line from the boundary line of the nearest area zoned for residential purposes to the entrance to such establishment engaging in a sexually explicit entertainment activity.
(I) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than seven hundred fifty (750) feet from the public entrance of another sexually explicit entertainment activity establishment. Such distance shall be measured in a straight line from the nearest entrance to a building containing an existing sexually explicit entertainment establishment to the entrance or proposed entrance to the building containing the proposed new sexually explicit establishment.
(J) Notwithstanding the provisions of divisions (G), (H) and (I) above to the contrary, any person who has been issued a sexually explicit entertainment license which is in effect as of the effective date of this chapter and any person who is lawfully engaged in an sexually explicit entertainment activity defined under divisions (C), (F), (H), (I), (J) or (K) of that definition in § 62.001 who obtains a license within the time required by § 62.003(F) may continue to engage in the sexually explicit entertainment activity in which such person is lawfully engages as of the effective date of this chapter as a non-conforming use subject to the limitations of KRS 100.253 and such other restrictions on non-conforming uses as are provided by law.
(K) No adult entertainer, dancer or escort shall be permitted to have any physical contact with any other adult entertainer, dancer, escort, employee, patron or spectator while that adult entertainer, escort or dancer is performing.
(L) No alcoholic beverage shall be present, stored or consumed on any premises licensed for adult entertainment.
(Ord. No. 25-2002, 1-7-03)
(A) The owner or operator of an establishment intending to engage or engaging under a previously issued license in a sexually explicit entertainment activity or the owner or operator of a sexually explicit escort or escort service shall make application for a license with the director in accordance with this section. A separate license is required for each separate or assumed name under which an owner or operator conducts business. All applications must be accompanied by a non-refundable one thousand dollar ($1,000.00) investigation fee. Such application shall be in writing, under oath, and shall be in the form prescribed by the director and shall contain the following information together with such further information as the director may require:
(1) The name and location of the establishment and the name and business address of the applicant;
(2) The name, address, date of birth and Social Security number of a natural person with an ownership interest in the licensee, such natural person to be determined as follows:
(a) If the licensee is one or more natural persons, then all such natural persons shall comply or any one natural person may comply for the licensee upon certification that he owns a greater share of the licensee than any other person.
(b) If the licensee is a partnership, then the natural person designated as the managing general partner in the partnership agreement, a copy of which is to be attached to the license application, shall comply, but if the partnership agreement designates no natural person as a managing general person, then the natural person who by virtue of his interest or holding in the partnerships or corporations which have formed the partnership owns a greater share of the licensee than any other single natural person shall comply.
(c) If the licensee is a corporation, the natural person, if any, who owns a greater number of shares than any other person shall comply, but if the person owning the greatest number of shares is not a natural person, then the natural person who by virtue of his interests or holding in one or more partnerships or other corporations which own share in the licensee owns a greater portion of the share in the licensee than any other individual natural person shall comply.
(3) The name and address of all directors and officers of any licensee or applicant which is a corporation and the name and address of the licensee's designated agent for service or process.
(4) In the event the applicant or licensee is not the owner of record of the real property on which the licensed establishment is located or to be located, the application shall include a notarized statement from the owner of record of the real property acknowledging that a sexually explicit entertainment establishment is to be located on the real property upon the issuance of the license. The applicant also shall furnish the name and address of the owner of record of the real property and a copy of the lease or rental agreement.
(5) The name, address, date of birth and Social Security number of all persons engaged in the day-to-day employment or contract labor on the license premises. If this licensee is to engage in the sale, rental or showing of books or movies distinguished or characterized by an emphasis on matter depicting or relating to sexual activities as defined in § 62.001, then all persons designated to engage in the selections of such books and movies to be offered for sale or rental or to be shown on the licensed premises shall be subject to the provisions of this division. All persons who at any time shall be responsible for attending the entrance of the establishment for the purpose of ensuring compliance with the provisions of § 62.002(C) shall be subject to the provisions of this division.
(6) The name, address, date of birth and Social Security number ofthe individual designated by the applicant to undertake to keep the applicant, if licensed, at all times in compliance with the restrictions, requirements and conditions of this chapter and with the rules and regulation promulgated by the director together with the sworn affidavit of the individual stating that he has received a copy of this chapter and the he willfully undertakes on behalf of the applicant to comply therewith.
(7) The name, address, date of birth and Social Security number of the individual designated by the applicant or licensee to be responsible for keeping the information required hereunder current at all times together with a sworn affidavit of that individual stating that he has received a copy of this chapter, that he understands the requirements hereof pertaining to disclosure of information and that he willfully undertakes on behalf of the applicant to comply therewith.
(8) The name and addresses of any rental agent of the properly on which the establishment is located.
(9) The nature of the activity or activities to be engaged in at such locations.
(10) All criminal convictions of any offense set forth in KRS Chapter 528 (gambling), KRS Chapter 529 (prostitution), KRS 506.030 (if such solicitation pertains to an offense of solicitation of prostitution under KRS Chapter 529), KRS Chapter 510 (sexual offenses), KRS Chapter 531 (pornography) or any similar law of the United States of America or sister states of the Commonwealth of Kentucky within the last five (5) years of the applicants, owners, directors, partners or employees whose names are required pursuant to § 62.003. Any such person who is on parole for any of the offenses set forth above shall submit to the director the terms of such parole.
(11) The name and address of any person to whom the applicant wants mail notice to be given in case of violation or other matters affecting the license hereunder.
(12) A photograph or drawing of any signs displayed or proposed to be displayed on the exterior of the establishment and a statement of the dimensions of such signs.
(13) Proof of compliance with the occupational license fee laws of the city.
(14) A certificate of occupancy where required and, in all other cases, a letter of compliance issued by the code administrator certifying that the business is in compliance with applicable zoning laws or has non-conforming use rights and that the proposed use will not constitute an enlargement or expansion of the scope of such non-conforming rights.
(15) A certificate from the fire chief or his designee that all applicable fire regulations have been met, and in the case of a sexually explicit amusement arcade, that all requirements of § 62.002(F) have been met.
(16) A statement from the building inspector or his designee that the premises comply with applicable provisions of the Uniform Kentucky Building Code, as adopted by the city.
(17) A statement from the district health department director or his designee that the premises are adequately ventilated and contain public restrooms which satisfy the requirements of 902 KAR 10:010. The district health department director or his designee shall cause the premises of each licensee to be inspected annually to determine continued compliance with the provisions of this division.
(18) If the application is for a sexually explicit escort service, the application must also include:
(a) The hours that the escort service will be open to the public, including the hours any escorts are with a patron;
(b) The methods of promotion the health and safety of escorts and protecting them from assault, battery and rape;
(c) The methods of supervising the escorts to prevent the escort from charging the patron any fee in addition to the fee paid to the escort service by the patron;
(d) The methods of supervising the escorts to prevent the escort from soliciting acts of prostitution or offering to provide sexual stimulation or sexual gratification; and
(e) The method of compensating the escorts.
(B) The information required by § 62.003(A) above shall be at all times current even after the granting of a license by the director.
(1) It shall be the responsibility of the operator or other person designated in the license application to notify the director no later than the close of the first business day after the effective date of any changes, alterations or modifications in any information contained in the application including but not limited to:
(a) The name of the establishment;
(b) Any change in the corporate information required for the application;
(c) Names and addresses of employees;
(d) Names and addresses of the owners of the property on which the establishment is located;
(e) Name and address of designated agent for service of process;
(f) Nature of the activity or activities to be engaged in at the establishment; and
(g) The name and address of any person the applicant wants mail notice to be given in case of violation or other matters affecting the license.
(2) In addition, each sexually explicit escort service licensed pursuant to this chapter shall keep a current list of all escorts providing service to it. This list must contain the name, address and work permit card information for each escort and shall be available upon request to the director, his designee and to any law enforcement officer.
(C) The director will cause the premises to be inspected after such application has been received and all application requirements are in compliance. The director shall then issue a license forthwith if all restrictions, requirements, conditions and all applicable requirements of this chapter and other applicable laws have been met, except that no license will be issued if the applicant or any owner, operator, director, partner, shareholder or employee has been convicted of any offense set forth in KRS Chapter 528 (gambling), KRS Chapter 529 (prostitution), KRS 506.030 (if such solicitation pertains to an offense of solicitation of prostitution under KRS Chapter 529), KRS Chapter 510 (sexual offenses), KRS Chapter 531 (pornography) or any similar law of the United States of America or sister states of the Commonwealth of Kentucky within the last five (5) years. Provided, however, the granting of a license does not certify compliance with all applicable laws nor does it estop the city from enforcement of all applicable law or ordinances. If inspection reveals failure to comply with any restrictions, requirements or conditions herein, the director shall notify the applicant in writing of that fact, stating what failures have been discovered, allowing a reasonable time to correct such defects and informing the applicant of the appeal procedure if the applicant does not agree with the director's decision.
(D) Any license granted presume to this chapter shall at all times be conspicuously posted and displayed in a public area so as to be open to view of the patrons and proper public authorities.
(E) Application for or granting of a license according to this chapter is deemed to permit periodic inspections of any establishment required to have a license under this chapter by the director or his designee or any city law enforcement officer for the purpose of verifying compliance with the terms and conditions of this chapter.
(F) Thirty (30) days after the effective date of this chapter, no operator shall maintain, operate or conduct an establishment engaging in sexually explicit entertainment activities defined under § 62.001 and thereafter no operator shall own, operate or be employed at an establishment engaging in sexually explicit entertainment activities which has sought and been denied a license according to this section and unless all dancers, performers and entertainers appearing at the establishment and escorts have obtained the work permit card required by § 62.003(J), below.
(G) No owner shall permit sexually explicit entertainment activities to be conducted on his property unless and until such is properly licensed according to this section, except as permitted under § 62.003(F), above.
(H) No person shall permit himself to be an operator or an employee at a sexually explicit entertainment activity or sexually explicit escort or escort service which has not been validly licensed according to this section, except as permitted under § 62.003(F), above.
(I) All licenses shall be for the fiscal year July 1 to June 30 or the remaining portion of such fiscal year. The annual license fee, other than for sexually explicit escort services, shall be two thousand five hundred dollars ($2,500.00) and shall be pro-rated at the rate or two hundred dollars ($200.00) per month. The annual license fee for sexually explicit escort services shall be five thousand dollars ($5,000.00) and shall pro-rated at the rate of four hundred dollars ($400.00) per month. All license fees shall be paid to the City Treasurer. Application for renewal of a license shall be made on or before June 30 of each year and accompanied by the annual fee along with any occupational license fee required by Chapter 60 of the Code of Ordinances. Such application shall also contain any changes in the information required by § 62.003(A) above which have occurred since the previous application.
(J) Any person intending to be employed or to work in any capacity at a sexually explicit entertainment establishment or sexually explicit escort service shall prior to engaging in same make application for a work permit card with the director in accordance with this section.
(1) Such application shall be in writing, under oath, in the form prescribed by the director and shall include:
(a) The legal name of the applicant;
(b) Any and all names used by the applicant in the course of performance of the applicant's duties as a dancer, performer or entertainer;
(c) The applicant's residence address;
(d) The applicant's date of birth;
(e) The applicant's Social Security number;
(f) A recent photograph of the applicant; and
(g) The applicant's fingerprints.
(2) The applicant shall submit with his application a one-time non-refundable fee of one hundred dollars ($100.00).
(3) The director shall grant the applicant the work permit card promptly after receiving a report from the chief of police that the applicant has not been convicted in the past five (5) years of an offense set forth in KRS Chapter 529 (prostitution), pandering or under KRS Chapter 510 (sexual offenses) or of trafficking in a controlled substance or any similar law of the United States of America or sister states of the Commonwealth of Kentucky.
(4) The work permit card so granted shall remain valid unless the director is informed that the applicant has been convicted in the past five (5) years of an offense set forth in KRS Chapter 529 (prostitution) or an offense set forth in KRS Chapter 510 (sexual offenses) or pandering or of trafficking in a controlled substance or any similar law of the United States of America or sister states of the Commonwealth of Kentucky.
(5) A work permit card shall be replaced if lost or stolen for a fee of fifty dollars ($50.00).
(6) After the effective date of this chapter, no dancer, performer or entertainer shall dance, perform or otherwise be occupied in the providing of entertainment at a sexually explicit entertainment establishment or sexually explicit escort service without having obtained the work permit card required by this chapter.
(7) The work permit card must be carried in the possession of the person at all times the person is working or employed on behalf of the sexually explicit entertainment establishment or sexually explicit escort service.
(8) A separate work permit card is required in each name under which the person will provide sexually explicit entertainment or sexually explicit escort services.
(Ord. No. 25-2002, 1-7-03)