(A) Violations defined. Any who commits any of the violations of this chapter shall be subject to penalty as provided in this section. These penalties are separate from and shall be administered separately from the points assessments and license- related penalties under §§ 117.14 and 117.15, regardless of the fact that the same factual circumstances lead to penalty under this section and also affect the ability of the individual to continue to hold a license. The shall be prosecutable violations of this chapter:
(1) To operate any
subject this chapter without the license required by this chapter;
(2) To operate any
subject this chapter at a location other than the location licensed under this chapter;
(3) To operate any
subject to this chapter while a license issued under this chapter is suspended or revoked;
(4) To submit a license application that contains untruthful statements;
(5) To fail to disclose accurately the names and backgrounds of any
,
spouse, or partners, shareholders, members, officers or directors of any
under this chapter;
(6) To present
in a place or manner inconsistent with the standards set forth in § 117.14(A)(13);
(7) To present motion pictures in a place or manner inconsistent with the standards set forth in § 117.14(A)(14);
(8) For a licensee or licensed
for a licensee to knowingly allow any of the
:
under the age 18 inside the
of a business defined as a
or sex shop;
under the age 21 inside the
of a business with onsite
; gambling anywhere on the
; unlawful sale of controlled substances anywhere on the
; sexual activity on the
; or prostitution or the solicitation of prostitution on the
. For purposes of this paragraph, if an
of licensee or an entertainer on the
of the licensee is directly involved in the prohibited activity, the licensee shall be presumed to have knowingly allowed the prohibited activity. If a prohibited activity occurs repeatedly under similar circumstances or involving the same
, the licensee shall be presumed to have knowingly allowed the prohibited activity; the licensee shall have the burden of disproving such presumptions.
(B) Penalty for violation. A first violation of this chapter, in accordance with division (A) of this section, shall be a Class B Misdemeanor; a second violation within two of a previous violation shall be a Class A Misdemeanor. Such misdemeanors shall be subject to such penalties as are provided under the Kentucky statutes.
(C) Warning procedure.
(1) For a violation of division (A)(4) or (5) of this section, the License Inspector shall send
notice of the violation to the licensee; if the licensee cures such violation within five days of receiving such notice and pays a penalty and processing fee of $500, then there shall be no further penalty or prosecution for such violation.
(2) For a violation division (A)(6), (7) or (8) of this section, the police
or other official discovering the violation shall issue a
notice of violation to the
(s) directly involved in the violation and to the
on duty. If the
takes effective action to stop the violation after such notice, the
or other official shall not cite the individuals, the
or the licensee further for the same violations on the same evening; the initial violations, however, shall be subject to prosecution and other sanctions in accordance with the terms of this chapter. If an
discovers the same violation in the same
within 90 days after such a warning is given, no further warning is required and each violation
be cited, assessed points and made subject to prosecution and other penalties.
(D) Separate remedies. The penalties for violation of this chapter are separate and in addition to established criminal, , and municipal penalties for direct involvement in such crimes as unlawful sale of a controlled substance or prostitution. One or more be prosecuted for violation of this chapter regardless of whether the License Inspector takes action for suspension or revocation of the license of the business involved as a result of the same or related actions.
(Ord. O-17-06, passed 1-3-07)