(A) Owner’s licensing. Any person who owns a building or structure which is to be utilized as a place for live adult entertainment shall apply in writing to the office of the County Plan Commission, upon a form to be furnished by the County Plan Commission. The form shall require the following information as well as any and all other information deemed appropriate by the Adult Entertainment Commission (hereinafter AEC):
(1) The name, address, telephone number, Social Security number and date of birth of the owner. If the owner is a corporation, partnership or other business entity the applicant must provide the above information for all of those principals in said business entity;
(2) If the owner is a corporation the applicant must provide a copy of the corporation’s articles of incorporation. Moreover, the applicant must provide proof that the corporation has no outstanding corporate taxes, both federal and state, outstanding;
(3) The applicant must provide proof that all property taxes upon the structure or building are current and provide certified acknowledgment that no liens have been placed against said building or structure for municipal services such as sewage, water and/or other services provided;
(4) The names, address and telephone numbers of any and all other live adult entertainment businesses which the owner is a partner, employee, stockholder, sole proprietor or has any affiliation or association as either an owner or operator; and
(5) The applicant must provide written statements from not less than three bona fide residents of the county setting forth that the applicant is of good moral character.
(B) Owner’s licensing fee. The completed application shall be accompanied by a certified check made payable to the county in the amount of $5,000. The check shall be placed in escrow pending determination of the applicant’s fitness for licensure.
(1) If it is determined by the AEC that the owner is suitable for licensure, the full amount of $5,000 shall be transferred to the county’s General Fund.
(2) If the AEC denies the owner’s application the county shall return $1,000 of the fee to the owner. The remaining $4,000 shall be transferred to the county’s General Fund for the purpose of off-setting administrative and regulatory costs.
(3) The owner’s license shall be displayed at all times in a public place visible. The failure to display this license in a public place shall result in a $2,500 fine.
(C) Operator’s license. Any person who shall serve as the operator of a place for live adult entertainment shall apply in writing to the office of the County Plan Commission, upon a form to be furnished by the County Plan Commission. The form shall require the following information as well as any and all other information deemed appropriate by the AEC:
(1) The name, address, telephone number, Social Security number and date of birth of the operator;
(2) The operator’s previous address for the ten years prior to the filing of the application;
(3) A full criminal history of the applicant including, but not limited to, misdemeanors;
(4) The operator’s previous employers for the ten years prior to the filing of the application;
(5) The applicant must also execute a waiver and release permitting the AEC and its investigator to secure information from the applicant’s previous employer’s;
(6) The applicant’s mental health history for the ten years prior to the filing of the application;
(7) The names, address and telephone numbers of any and all other live adult entertainment businesses which the operator is a partner, employee, stock-holder, sole proprietor or has any affiliation or association as either an owner or operator;
(8) The applicant must also execute a waiver and release permitting the AEC and its investigator to secure information from the applicant’s previous employers, the State Welfare Department, the Kentucky State Welfare Department and the United States Justice Department. Moreover, the applicant shall appear at the County Sheriff’s Department for fingerprinting; and
(9) The applicant must provide written statements from not less than three bona fide residents of the county, setting forth that the applicant is of good moral character.
(D) Operator’s licensing fee. The completed application shall be accompanied by a certified check made payable to the county in the amount of $5,000. The check shall be placed in escrow pending determination of the applicant’s fitness for licensure.
(1) If it is determined by the AEC that the operator is suitable for licensure, the full amount of $5,000 shall be transferred to the county’s General Fund.
(2) If the AEC denies the operators’ application the county shall return $3,000 of the fee to the operator. The remaining $2,000 shall be transferred to the county’s General Fund for the purpose of off-setting administrative and regulatory costs.
(E) Licensed operator on premises and license visible upon premises. No adult entertainment business shall be in operation at any time unless a licensed operator is present and located upon the premises. Further, an operator must at all times possess his or her license and said license shall be visible to the public eye.
(1) If an operator receives a license from the county, and it is later determined that the operator is employed by any other adult entertainment business said operator’s license shall be immediately revoked and said operator shall be fined $2,500.
(2) Moreover, the owner of the adult entertainment business wherein the operator was employed shall immediately have his or her owner’s license suspended for a period of not less than 90 days, nor more than 180 and shall be fined $2,500.
(3) The owner shall have the burden of notifying the AEC, its agent and/or designee when an operator is no longer employed by the owner. The owner shall be prohibited from asserting the defense of “lack of knowledge” of the operator’s additional employment.
(4) Burden upon owner: the owner shall have the burden of knowing the employment history of its operators. The owner shall be presumed to have knowledge of whether or not an operator is employed by another adult entertainment business while serving as a licensed operator on behalf of the owner.
(F) Entertainer license. Any person who shall serve as an entertainer at a place for live adult entertainment shall apply in writing to the office of the County Plan Commission, upon a form to be furnished by the County Plan Commission. The form shall require the following information as well as any and all other information deemed appropriate by the AEC:
(1) The name, address, telephone number, Social Security number and date of birth of the entertainer;
(2) The entertainers previous address for the ten years prior to the filing of the application;
(3) A full criminal history of the applicant including, but not limited to, misdemeanor and juvenile offenses;
(4) The entertainer’s previous employers for the ten years prior to the filing of the application;
(5) The applicant must also execute a waiver and release permitting the AEC and its investigator to secure information from the applicant’s previous’ employers, the State Welfare Department, the Kentucky State Welfare Department and the United States Justice Department. Moreover, the applicant must appear at the County Sheriff’s Department for fingerprinting;
(6) The applicant’s mental health history for the ten years prior to the filing of the application;
(7) The names, address and telephone numbers of any and all other live adult entertainment businesses which the applicant is a partner, employee, entertainer, stock-holder, sole proprietor or has any affiliation or association as either an owner or operator;
(8) The applicant must also present three forms of photographic identification. If it is determined by the AEC that these forms of identification are insufficient, the applicant’s request shall be denied;
(9) The applicant must provide written statements, from not less than three bona fide residents of the county, setting forth that the applicant is of good moral character; and
(10) A certificate from a medical doctor designating that the applicant has, within the 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease, including, but not limited to, venereal disease, H.I.V., Hepatitis or other such diseases.
(G) Entertainer licensing fee. The completed application shall be accompanied by a certified check made payable to the county in the amount of $5,000. The check shall be placed in escrow pending determination of the applicant’s fitness for licensure.
(1) If it is determined by the AEC that the operator is suitable for licensure, the full amount of $5,000 shall be transferred to the county’s General Fund.
(2) If the AEC denies the owner’s application, the county shall return $3,000 of the fee to the owner. The remaining $2,000 shall be transferred to the county’s General Fund for the purpose of off-setting administrative and regulatory costs.
(H) Entertainer licensing mandatory. No person shall be permitted to perform at an adult entertainment business at any time unless that person has valid licenses issued by the AEC and the county. Further, said entertainer must possess said license upon their person at all times. Said license must be affixed upon said person in such a manner and fashion that it is visible to the public eye.
(I) Entertainer’s employment limitation. No one shall be granted a license to entertain at an adult entertainment business in the county if that individual is employed in any capacity by any other adult entertainment business. This prohibition includes employment at an adult entertainment business in any city, county or state within the United States of America, Canada or South America.
(J) Dual licensure. No person shall be permitted to hold more than one license pursuant to this chapter. If a person possesses more than one valid license pursuant to this statute, that person shall be fined $2,500, and that person’s licenses shall be revoked.
(K) Exclusivity. A person who is issued a license pursuant to this chapter shall be prohibited from engaging in any other conduct other than that for which they have received a licensed.
(1) No licensed owner shall be permitted to serve as an operator or an entertainer.
(2) No licensed operator shall be permitted to serve as an entertainer or owner.
(3) No entertainer shall be permitted to serve as an operator or owner.
(L) License expiration date. All licenses issued under this chapter shall expire one year from the date upon which they are issued.
(1) Renewal. If the licensee desires renewal of his or her license, he or she shall be obligated to submit their request for renewal not less than 90 days prior to the date of expiration. If the licensee fails to submit his or her request for renewal timely, the licensee shall be prohibited from submitting an application for licensure for a period of one year. This prohibition shall include submitting a request for licensure under any provision of this chapter.
(2) Renewal fees. The fees for renewal of licensure shall be 80% of those amounts required upon the initial application for licensure. The distribution upon denial of renewal shall be adjusted pro rata as set forth in the initial application. If renewal is granted, the full amount of the fee shall be distributed to the county’s General Fund for the purpose of paying the cost of administration of the AEC and its enforcement of this chapter.
(M) Issuance of license. Upon issuance of the license, the applicant must present two forms of photographic identification.
(Ord. 6-2001, passed 7-5-2001)