§ 117.14 AFFIRMATIVE DUTIES OF SEXUALLY ORIENTED BUSINESS, SERVICE ORIENTED ESCORT BUREAUS AND MANAGERS.

   (A)   Affirmative duties of sexually oriented business , service oriented escort bureaus and managers . It is and shall be the affirmative duty of each license holder of a sexually oriented business or service oriented escort bureau and the managers of these businesses to comply with the affirmative duties listed below. Failure to comply with these affirmative duties shall result in an assessment of points, license suspension, or license revocation. Penalties for violation of these duties are listed following each respective affirmative duty. It shall be the affirmative duty of each license holder of a sexually oriented business or service oriented escort bureau to:

      (1)   Ensure that the sexually oriented business , service oriented escort bureau , or manager licensee does not accumulate more than 24 points within the previous 24 months . Penalty for violation: license revocation.

      (2)   Ensure that the sexually oriented business , service oriented escort bureau , or manager licensee does not have a license suspended two times during the previous 12 months . Penalty for violation: license revocation.

      (3)   Ensure that all material representation on the license application is true. Penalty for violation: license revocation.

      (4)   Ensure that the sexually oriented business or service oriented escort bureau licensee, or the licensee's spouse, or any officer, director, or greater than 10% shareholder or member does not have another license revoked under this chapter. Penalty for violation: license revocation.

      (5)   Ensure that the sexually oriented business or service oriented escort bureau licensee, or any spouse, partner, officer, director, or shareholder or member with greater than a 10% interest in licensee, or licensed manager , is not convicted of any felony or misdemeanor involving prostitution or solicitation for prostitution, activities involving specified sexual activity , other sexual offenses, rape, statutory rape, or related offenses against a person (as defined in Chapter 510 of the Kentucky Penal Code), or similar statutes in other states; or federal laws addressing similar or related offenses; or federal or state law. Penalty for violation: license revocation.

      (6)   Ensure that the sexually oriented business , service oriented escort bureau , or manager licensee, is not convicted of or has pled guilty or no contest to charges related sale of controlled substances or illegal drugs. Penalty for violation: license revocation.

      (7)   Ensure that no specified sexual activity takes place on the premises , whether in or out of public view. Penalty for violation: license revocation.

      (8)    Ensure that no prostitution or solicitation for prostitution takes place on the premises , whether in or out of public view. Penalty for violation: license revocation.

      (9)   Ensure that there is no sale of controlled substances or illegal drugs on the premises . Penalty for violation: license revocation.

      (10)   Ensure that entertainers maintain a minimum distance of five feet from areas on the establishment's premises being occupied by customers , for a minimum of one hour after the entertainer appears semi-nude on the establishment's premises .

         (a)   This regulation is not intended to prohibit ingress or egress from the premises or entertainers use of the premises' common restroom. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments .

         (b)   Regulating a reasonable delay between the times the entertainers appear semi-nude and their commingling with customers is a narrowly tailored furtherance of this interest. Penalty for violation: license suspension after being cited for two such violations.

      (11)   Ensure that the sexually oriented business , service oriented escort bureau , or manager licensee does not accumulate more than 12 points within the previous six months . Penalty for violation: license suspension.

      (12)   Ensure that the sexually oriented business , service oriented escort bureau , or manager licensee does not accumulate more than 18 points within the previous 12 months . Penalty for violation: license suspension.

      (13)   Ensure that dancing in such establishment shall take place only in a location and manner meeting all of the conditions listed below. Penalty for violation: assessment of three points.

         (a)   In a theater or open room of at least 600 square feet; and

         (b)   On a stage, elevated at least 24 inches above the level on which patrons sit or stand; and

         (c)   On a stage with a horizontal separation of at least 60 inches between the edge of the stage or platform and the nearest space to which customers shall have access-the horizontal separation shall be physically enforced by a partial wall, rail, or other physical barrier, which may be located either on the stage (to keep the entertainers back from the edge) or on the floor (to keep the patrons back from the stage). The License Inspector may , after a hearing as provided for above, modify this requirement for licensed establishments existing at the time of the adoption of this chapter if he or she determines that strict compliance to the distance requirements might cause an undue hardship or impracticable compliance.

      (14)   Ensure that no sexually oriented motion picture or video, shown for a fee (whether collected per feature, per unit of time, or as a general admission charge to a facility), takes place in any space of less than 1,000 square feet. This section does not apply to the showing of informational videos by professionals licensed by the Commonwealth of Kentucky to clients who pay a fee for service, where the showing of such videos is incidental to a professional service and not the subject of separate consideration from the customer . Penalty for violation: assessment of three points.

      (15)   Ensure that no gambling takes place on the premises . Penalty for violation: assessment of three points.

      (16)   Ensure that no person shall display or expose specified anatomical areas . Penalty for violation: assessment of three points.

      (17)   Ensure that only employees , agents, servants, or independent contractors of the licensee occupies the stage. Penalty for violation: assessment of three points.

      (18)   Ensure that tips for sexually oriented entertainers are collected in containers accessible to patrons and not located on the stage. The licensed business may , but is not required to, create separate tip containers for different performers or to establish other means to divide or separate the tips among performers. Penalty for violation: assessment of three points.

      (19)   Ensure that the sexually oriented business or service oriented escort bureau is licensed under this chapter. Penalty for violation: assessment of three points.

      (20)   Ensure that the sexually oriented business is closed between 2:30 a.m. and 12:00 p.m. each day, or at such earlier time as may be required under a local option ordinance conforming with the law of the Commonwealth. Penalty for violation: assessment of two points.

      (21)   Have a licensed manager on duty at the premises at all times when the establishment is open to the public. A manager's responsibility under this item is to ensure that, if such manager leaves the establishment and the establishment remains open, another manager is on the premises and has accepted management responsibility for it. Penalty for violation: assessment of two points.

      (22)   Allow law enforcement officers, code enforcement officers, health officers, or other representatives of the county , city, or other public agencies full access to the public portions of the premises at any time during business hours for purposes of inspection to ensure compliance with this and other applicable laws. Penalty for violation: assessment of two points.

      (23)   Prevent persons under 21 years of age from entering the premises or the portion or portions thereof of a sexually oriented business that sells alcohol or that offers entertainment. Penalty for violation: assessment of two points.

      (24)   Prevent persons under 18 years of age from entering the premises or the portion or portions thereof of a sexually oriented business that does not sell alcohol and that does not have entertainment. Penalty for violation: assessment of two points.

      (25)   Prevent publicly displaying explicit sexual material except in conformity with division (14) above. Penalty for violation: assessment of two points.

      (26)   Ensure that a clear view is maintained from the manager's station over the entire areas open to the public. Penalty for violation: assessment of two points.

      (27)   Ensure that any person providing services at the establishment holds a valid license issued under this chapter. Penalty for violation: assessment of two points.

      (28)   Ensure that all lighting required by this chapter actually operates, with at least 90% of all bulbs in working order, turned on, during all hours when the establishment is open for business. Penalty for violation: assessment of one point.

      (29)   Ensure signage is posted in conspicuous locations indicating that persons must be of appropriate age or older to enter. Penalty for violation: assessment of one point.

      (30)   Ensure that an entertainer's valid license is on the premises in the manager's office at all times the entertainer or escort is in the licensed establishment . Penalty for violation: assessment of one point.

      (31)   Ensure that an escort's valid license is in the open office maintained by the escort bureau at all times the escort is with a customer . Penalty for violation: assessment of one point.

      (32)   Post and enforce a "no loitering" policy on the premises , including parking areas and other exterior parts of the premises that applies to employees , entertainers, and the public. Penalty for violation: assessment of one point.

      (33) Ensure all doors to the licensed premise are kept closed, except for the limited time necessary to allow for ingress and egress during business hours. Penalty for violation: assessment of one point.

      (34)   Prevent any person from being semi-nude while in or on their establishment's premises open to customer view unless the person who is appearing semi-nude is a duly licensed employee of that establishment who, while semi-nude , is on a stage that meets the requirements of this chapter. This subsection is not applicable to dressing rooms or other areas that are not generally accessible or open to customer (s) view. Penalty for violation: license suspension after being cited for two such violations.

   (B)   Affirmative duties of sexually oriented entertainer or service oriented escort . It is and shall be the affirmative duty of each sexually oriented entertainer or service oriented escort holding a license under this chapter to comply with the listed affirmative duties. Failure to comply with these affirmative duties shall result in an assessment of points, license suspension or license revocation. Penalties for violation of these duties are listed following each respective affirmative duty. It shall be the affirmative duty of each license holder who is a sexually oriented entertainer or service oriented escort to:

      (1)   Ensure that the sexually oriented entertainer or service oriented escort does not accumulate more than 18 points within the previous 24 months . Penalty for violation: license revocation.

      (2)   Ensure that the sexually oriented entertainer or service oriented escort does not have a license suspended two times during the previous 12 months . Penalty for violation: license revocation.

      (3)   Ensure that all material representation on the license application is true. Penalty for violation: license revocation.

      (4)   Ensure that the sexually oriented entertainer or service oriented escort does not have another license revoked under this chapter. Penalty for violation: license revocation.

      (5)   Ensure that the sexually oriented entertainer or service oriented escort is not convicted of any felony or misdemeanor involving prostitution or solicitation for prostitution, activities involving specified sexual activity , other sexual offenses, rape, statutory rape or related offenses against a person (as defined in Chapter 510 of the Kentucky Penal Code), or similar statutes in other states; or federal laws addressing similar or related offenses; or federal or state law. Penalty for violation: license revocation.

      (6)   Ensure that the sexually oriented entertainer or service oriented escort is not convicted of or pled guilty or no contest to charges related sale of controlled substances or illegal drugs. Penalty for violation: license revocation.

      (7)   Ensure that no prostitution or solicitation for prostitution takes place on the premises , whether in or out of public view. Penalty for violation: license revocation.

      (8)   Maintain a minimum distance of five feet from areas on the establishment's premises being occupied by customers , for a minimum of one hour after the entertainer appears semi-nude on the establishment's premises . This regulation is not intended to prohibit ingress or egress from the premises or entertainers use of the common restroom. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments . Regulating a reasonable delay between the times entertainers appear semi-nude and their commingling with customers is a narrowly tailored furtherance of this interest. Penalty for violation: license suspension.

      (9)   Ensure that the sexually oriented entertainer or service oriented escort does not accumulate more than 12 points within the previous 12 months . Penalty for violation: license suspension.

      (10)   Avoid involvement in any gambling on the premises . Penalty for violation: assessment of three points.

      (11)   Avoid display or exposure of specified anatomical areas . Penalty for violation: assessment of three points.

      (12)   Dancing in "establishments " shall take place only on a stage that meets the regulatory requirements of this chapter. Penalty for violation: assessment of three points.

      (13)   Refuse tips offered directly to her or him or proffered in any way other than through the tip containers as specified in this section, if the license holder is a sexually oriented entertainer . Penalty for violation: assessment of three points.

      (14)   Cooperate with owners and managers to ensure that no one other than employees , agents, servants, or independent contractors of the licensee occupies the stage, if the license holder is a sexually oriented entertainer . Penalty for violation: assessment of two points.

      (15)   Avoid entering any sexually oriented cabaret or other sexually oriented business while in the company of a customer , if the license holder is a service oriented escort . Penalty for violation: assessment of two points.

      (16)   Perform any duties as an entertainer or escort only while holding a valid entertainer's or escort's license issued under this chapter. Penalty for violation: assessment of two points.

      (17)   Confirm that his or her entertainer's or escort license is on the premises in the manager's office at all times that the entertainer or escort is actively working for the establishment . Penalty for violation: assessment of one point.

      (18)   Report to management other violations or apparent violations of this chapter. Penalty for violation: assessment of one point.

      (19)   Entertainers must avoid being semi-nude while in or on establishment  premises open to customer view unless the entertainer is on a stage that meets the requirements of this chapter.

   (C)   This division is not applicable to dressing rooms or other areas that are not generally accessible or open to customer (s) view. Penalty for violation: license suspension.

(Ord. O-17-06, passed 1-3-07)