(A) It is unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business operator’s license issued by the Licensing Board pursuant to this chapter;
(2) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business if such employee is not in possession of a valid sexually oriented business employee license (“employee license”) issued to such employee by the Licensing Board pursuant to this chapter;
(3) For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the Licensing Board pursuant to this chapter;
(4) It shall be a defense to divisions (A)(2) and (A)(3) above if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises; and
(5) Violation of any provision of this division (A) shall constitute a violation.
(B) An application for an operator’s or employee’s license must be made on a form provided by the Licensing Board. The Licensing Board is the City Licensing Board created in § 9-40 of the Code of Ordinances of the City of Winchester. For the purpose of implementation and administration of this chapter, the county designates the City Licensing Board, herein called the Licensing Board, to act on behalf of the county in the issuance of sexually oriented business licenses and sexually oriented business employee licenses.
(C) All applicants for a license must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information reasonably necessary (including fingerprints) as to enable the Licensing Board to determine whether the applicant meets the qualifications established in this chapter.
(D) If a person who wishes to own or operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for an operator’s license as applicant. If an owner or operator of a sexually oriented business is other than an individual, all persons with legal authority over day-to-day policy and/or operations must sign the application for an operator’s license as applicant. In the case of a corporation, all officers and directors must sign as applicant. In the case of a limited liability company or partnership, all managers, whether members or not, must sign as applicant. In the case of a general partnership, all partners must sign as applicant unless the written partnership agreement clearly vests day-to-day policy and management in fewer than all the partners under applicable law; only those with management or day-to-day policy authority must sign as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(E) The completed application for a sexually oriented business operator’s license shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases or other names ever used by such person and submit proof that he or she is at least 18 years of age;
(b) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors, and stockholders, and the name of the registered corporate agent and the address of the registered office for service of process; and
(d) A limited liability company (LLC), the LLC shall state its complete name, the date of its organization, evidence that the LLC is in good standing under the laws of its state of organization and is authorized to do business in the state, the names and capacity of all managers, officers, directors, and members, a copy of the operating agreement, if any, and the name of the registered agent and the address of the registered office for service of process.
(2) The name under which the establishment is to be operated and a general description of the services to be provided. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s assumed name, and submit the required registration of documents;
(3) Whether the applicant has been convicted of a specified criminal activity as defined in § 113.02, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each;
(4) Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant has been a partner in a partnership or an officer, director, or stockholder of a corporation or limited liability company that is licensed under this chapter whose license has previously been denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked as well as the date of denial, suspension, or revocation;
(5) Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed business;
(6) The single classification, as found in § 113.03, of a license for which the applicant is filing;
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and the name, address, and telephone number(s), if any, of the owner(s) of the property. If the applicant is not the owner of the property, the applicant must include a copy of the lease for the premises which extends to or beyond the term of the license applied for;
(8) The applicant’s street address and mailing address, if different;
(9) A recent photograph of the applicant(s);
(10) The applicant’s driver’s license number, Social Security number, and/or its state and federal issued tax identification numbers;
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The premises will be inspected by the Health Department, Building Inspector, and Zoning Department, but a provisional license may be granted before inspections are completed as hereinafter specified in § 113.18;
(12) A current certificate and straight-line drawing prepared within 30 days prior to application by a Kentucky registered engineer or land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified and the property lines of any established licensed day-care center, religious institution/synagogue, school, or public park, recreation area, or residential area (all as more specifically set out in § 113.24(C)) within 500 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
(13) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 113.41 in addition to the foregoing requirements; and
(14) Any of the items other than divisions (E)(1) and (E)(8) above shall not be required for a renewal application if the applicant states that the documents previously furnished remain correct and current unless the Licensing Board makes specific requests for resubmittal for good cause shown.
(F) (1) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the Licensing Board the following information:
(a) The applicant’s name or any other name (including “stage names”) or aliases now or theretofore used by the individual;
(b) Age, date, and place of birth;
(c) Height, weight, hair, and eye color;
(d) Present business address and telephone number;
(e) Date, issuing state, and number of driver’s license or other state issued identification card information;
(f) Social Security number; and
(g) Proof that the individual is at least 18 years of age.
(2) The personal information provided in an employee application shall be confidential and shall not be disclosed to the public except as necessary to enforce the license terms of this chapter or to the extent required by law.
(G) Attached to the application form for a sexually oriented business employee or operator license as provided above, shall be the following:
(1) A color photograph of the applicant clearly showing the applicant’s face and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant;
(2) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country, or has ever had a license, permit, or authority to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application; and
(3) A statement whether the applicant has been convicted, within the past five years, of a specified criminal activity as defined in § 113.02 and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
(H) An applicant for any license under this chapter has a continuing, affirmative duty to provide correct information and to provide supplemental information subsequent to the initial submission so that all application information is correct at all times during the license.
(I) Every application for a license under this chapter shall contain a statement under oath that:
(1) The applicant (and each person required to sign the application) has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
(2) The applicant (and each person required to sign the application) has read the provisions of this division (I).
(J) A separate application and operator’s license shall be required for each sexually oriented business classification as set forth in § 113.03.
(Prior Code, § 62.100) (Ord. 2000-11, passed 7-26-2000) Penalty, see § 113.99