For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT ARCADE. Any place in which the public is permitted or invited wherein coin operated, slug operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(b) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be characterized as ADULT BOOKSTORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE or ADULT VIDEO STORE so long as a significant business purpose is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. A use may be significant without being a primary use of an establishment as long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly, commonly, habitually, or consistently features:
(1) Persons who appear in a state of nudity or semi-nude;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities;
(3) Films, motion pictures, video cassettes, slides, or photographic reproductions or other image producing devices which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(4) Persons who engage in exotic or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of these adult-type photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than six hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than six hours.
ADULT MOTION THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the dominant depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly, commonly, habitually, or consistently features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE. Any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises if such person’s presence is occasional, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other existing sexually oriented business;
(4) The relocation of any sexually oriented business; or
(5) A sexually oriented business or premises on which the sexually oriented business is located.
LICENSED DAY-CARE CENTER. A facility licensed by the state and situated within the county, whether situated within the city or not, that provides care, training, education, custody, treatment, or supervision for children under 14 years of age, where such children are not related by blood, marriage, or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
LICENSING BOARD. The City Licensing Board created in § 9-40 of the Code of Ordinances of the City of Winchester, Kentucky. The enactment of this chapter by the county delegates and establishes authority in the City Licensing Board, herein called the LICENSING BOARD, throughout all of the county, as well as the City of Winchester, Kentucky, for all purposes herein stated in connection with the implementation of this chapter, the administration of this chapter, and the issuance of sexually oriented business licenses and sexually oriented business employee licenses.
LIVE THEATRICAL PERFORMANCE. A play, skit, opera, ballet, concert, comedy, or musical drama.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY. The showing of the human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, or vulva with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to § 113.15.
SEMI-NUDE or SEMI-NUDE CONDITION. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution or promotion of prostitution offenses or the offense of maintaining a house of prostitution found in the state’s Penal Code or other Kentucky Revised Statutes or federal laws (including those offenses currently at KRS Chapter 529 and KRS Chapter 233); pornography and/or sexual exploitation or minors (including those offenses currently at KRS Chapter 531) including distribution of obscene matter, distribution of obscene matter to minors, using minors to distribute obscene material; advertising obscene material, promoting the sale of obscenity, using a minor in a sexual performance, promoting a sexual performance by a minor, possession of matter portraying a sexual performance by a minor, distribution of matter portraying a sexual performance by a minor, promoting the sale of or advertising material portraying a sexual performance by a minor or using minors to distribute material portraying a sexual performance by a minor; engaging in organized criminal activity; sexual offenses found in the state’s Penal Code or other Kentucky Revised Statutes or federal laws (including those offenses currently at KRS Chapter 510) including rape, sodomy, sexual abuse, sexual misconduct and indecent exposure; molestation of child; gambling (including those offenses currently at KRS Chapter 528); or distribution of, selling, trafficking, or otherwise committing a prohibited practice concerning a controlled substance (including those offenses currently at KRS Chapter 218A) other than possession thereof; or any similar offenses to those described above under the Criminal or penal code of the United States of America, any state, or any country;
(2) For which:
(a) Fewer than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Fewer than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Fewer than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall not prevent disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
SUBSTANTIAL ENLARGEMENT (of a sexually oriented business). The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL (of a sexually oriented business). Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitutes a 10% or greater interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of at least 10% of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Prior Code, § 62.002) (Ord. 2000-11, passed 7-26-2000)