24-4.01 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 Subchapter. 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 fifty ($50.00) dollar 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:
a. The name and location of the establishment, including any assumed or fictitious names under which the establishment is or will be operated, and the name and business address of the applicant.
b. The name, address, date of birth and Social Security number, or tax identification number of the owner, to include any person who owns ten (10%) percent or more of the partnership, corporation, limited liability company or limited liability partnership.
c. The name and address of all directors and officers, or persons performing a similar function to an officer or director, of any licensee or applicant which is a corporation, or the name and address of the manager of any licensee or applicant which is a limited liability company, and the name and address of the licensee's designated agent for service of process.
d. 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.
e. 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 licensed premises. If the 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 hereinabove, 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 Section. All persons who at any time shall be responsible for attending the entrance of the establishment for the purpose of insuring compliance with the provisions hereinabove shall be subject to the provisions of this Section.
f. The name, address, date of birth and Social Security number of the individual designated by the applicant to manage the business and responsibilities for insuring compliance with the restrictions, requirements and conditions of this Chapter and with the rules and regulations promulgated by the Director. A sworn affidavit of that individual stating that he has received a copy of this Chapter, and that he willfully undertakes on behalf of the applicant to comply with this Chapter and all applicable rules shall be included with the application.
g. 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.
h. The name and addresses of any rental agent of the property on which the establishment is located.
i. The nature of the activity or activities to be engaged in at such location.
j. A criminal record report for the applicants, owners, directors, partners, officers or employees whose names are required pursuant to this Chapter within the last five (5) years for the offenses of gambling, conspiracy to promote gambling or possession of gambling devices; prostitution, promoting prostitution, permitting prostitution, solicitation for the purpose of prostitution or loitering for the purpose of prostitution; the sale, transfer, possession or use of any controlled substance; sexual offenses, including rape, sodomy, sexual abuse, sexual misconduct and indecent exposure; distribution of obscene material to a minor, use of a minor to produce, promote or distribute obscene material, advertising obscene material and promoting the sale of obscenity; unlawful transaction with a minor, use of a minor in a sexual performance, promoting a sexual performance by a minor or possession of or advertising matter portraying a sexual performance by a minor; or murder, manslaughter or felony assault. 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.
k. 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.
l. 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.
m. Proof of compliance with the occupational license fee laws of the City of Bowling Green.
n. A certificate of occupancy where required and, in all other cases, a letter of compliance issued by the Director or his designee of the City-County Planning Commission certifying that the business is in compliance with applicable zoning laws or has nonconforming use rights and that the proposed use will not constitute an enlargement or expansion of the scope of such nonconforming rights.
o. 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 this Chapter have been met.
p. A statement from the Chief Building Inspector or his designee that the premises comply with applicable provisions of the Kentucky Building Code and property maintenance codes as adopted by the City.
q. 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 section.
r. If the application is for a sexually explicit escort or escort service, the application must also include:
1. The hours that the escort service will be open to the public, including the hours any escorts are with a patron;
2. The methods of promoting the health and safety of escorts and protecting them from assault, battery and rape;
3. 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;
4. 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,
5. The method of compensating the escorts.
(Ord. BG93-17, 4/6/93; Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.02 The information required hereinabove shall be at all times current even after the granting of a license by the Director. 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. 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. Name and address of any person the applicant wants mail notice to be given in case of violation or other matters affecting the license.
In addition, each sexually explicit escort or 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.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.03 The Director will cause the premises to be inspected within fifteen (15) days after the application has been submitted, after such application has been received and all application requirements of this Chapter are in compliance. The Director shall then issue a license within twenty (20) days after the application has been submitted 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, officer, partner, shareholder or employee has been convicted of any offense set forth hereinabove. 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 laws 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.
(Ord. BG93-17, 4/6/93; Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.04 Any license granted according to this Subchapter 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.
(Ord. BG2002-57, 12/3/2002)
24-4.05 Application for or granting of a license according to this Subchapter 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 of Bowling Green law enforcement officer for the purpose of verifying compliance with the terms and conditions of this Chapter.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.06 No operator shall own, maintain, operate or conduct an establishment engaging in sexually explicit entertainment activities defined hereinabove without a license required by this Chapter. It shall also be unlawful for an operator to own, maintain, operate or conduct an establishment engaging in sexually explicit entertainment activities defined hereinabove, unless all dancers, performers and entertainers appearing at the establishment and escorts have obtained the work permit card required hereinbelow.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.07 No owner shall permit sexually explicit entertainment activities to be conducted on his property unless and until such is properly licensed according to this Chapter, except as permitted hereinabove.
(Ord. BG2002-57, 12/3/2002)
24-4.08 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 Chapter, except as permitted hereinabove.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.09 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 shall be one thousand two hundred ($1,200.00) dollars, which shall be due and payable upon the issuance of a license and on or before July 1 of each year thereafter. All license fees shall be remitted 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 18 of the Bowling Green Code of Ordinances. Such application shall also contain any changes in the information required hereinabove which have occurred since the previous application.
(Ord. BG93-17, 4/6/93; Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-4.10 Any person intending to be employed or to work in any capacity at a sexually explicit entertainment establishment or sexually explicit escort or escort service shall, prior to engaging in same, make application for a work permit card with the Director in accordance with this Chapter. Such application shall be in writing, under oath, and shall be in the form prescribed by the Director and shall include: (1) the legal name of the applicant; (2) any and all names used by the applicant in the course of performance of his duties as a dancer, performer or entertainer; (3) the applicant's residence address; (4) the applicant's date of birth; (5) the applicant's Social Security number; (6) a description of the applicant including height, weight, hair and eye color, and a description of any distinguishing marks or tattoos; and (7) a recent photograph of the applicant. The applicant shall also include the name and address of the sexually oriented business where the applicant intends to work and a statement detailing the applicant's work history for the five (5) year period immediately preceding the date of the filing of the application, including information whether the applicant has ever had a similar license denied, revoked or suspended, and if so, the name of the issuing or denying jurisdiction and a reason for the denial, revocation or suspension. The applicant shall also include a criminal record report, together with a statement whether within the last five (5) years the applicant has been convicted of any criminal offenses of gambling, conspiracy to promote gambling or possession of gambling devices; prostitution, promoting prostitution, permitting prostitution, solicitation for the purpose of prostitution or loitering for the purpose of prostitution; the sale, transfer, possession or use of any controlled substance; sexual offenses, including rape, sodomy, sexual abuse, sexual misconduct and indecent exposure; distribution of obscene material to a minor, use of a minor to produce, promote or distribute obscene material, advertising obscene material and promoting the sale of obscenity; unlawful transaction with a minor, use of a minor in a sexual performance, promoting a sexual performance by a minor or possession of or advertising matter portraying a sexual performance by a minor; or murder, manslaughter or felony assault. The applicant shall submit with his application a one-time fee of one hundred ($100.00) dollars. The Director shall grant the applicant the work permit card promptly after investigating and verifying the information in the application. 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 or is convicted of an offense set forth hereinabove. A work permit card shall be replaced if lost or stolen for a fee of fifty ($50.00). 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 or escort service without having obtained the work permit card required by this Chapter. 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 or escort service. 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. BG90-7, 2/20/90; Ord. BG93-17, 4/6/93; Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)