(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)