(A) Each annual application to the Director for a license to operate a shelter shall be in writing, notarized and shall be in the form prescribed by the Director. The application, at a minimum, shall set forth:
(1) The name, address and phone number of the applicant;
(2) The organizational documents and by-laws of the organization showing its business address, email address and telephone number;
(3) The names, addresses, email address and phone numbers of each member of the board of directors and key personnel responsible for the day-to-day operation of the facility if the applicant is a corporation;
(4) The designation of a registered office and registered agent (who regularly works at the registered office) located in Kenton County, Kentucky which registered agent shall be its representative for the service of process or notice under this subchapter;
(5) The location for which the permit is desired; a zoning permit and a certificate of occupancy listing the maximum allowable occupancy;
(6) If the applicant is not the owner of record of the real property on which the shelter is located or to be located, the application shall include the name and address of the owner of record of the real property, and a copy of lease or other agreement authorizing use of the property by applicant;
(7) A management plan describing:
(a) Staffing: number, training and qualifications;
(b) Participation in the Kentucky Homelessness Management Information System (KYHMIS) on a monthly basis; and
(c) Shelter policies required pursuant to § 124.05.
(8) The notarized statement of the executive director that all owners, officers, directors and employees that have direct contact with a child at the shelter do not have a criminal record involving a felony violation of any crime against a minor, or an equivalent law of another jurisdiction within ten years next preceding the date of application, or any violation of this subchapter. Licensed shelters serving minors who are required to abide by KRS 17.165 may satisfy this standard by producing a current child caring or placing license;
(9) Boarding and lodging house applications shall provide the following additional information:
(a) Resident/client profile (population to be served);
(b) Site plan and floor plans;
(c) Rules of conduct and business management plan;
(d) Support services to be provided and projected staffing level, if any; and
(e) Proposed maximum stay for each resident.
(10) This licensure requirement shall apply in addition to licensure of boarding and lodging house licensed by the Commonwealth of Kentucky under KRS 216B.305 et seq.
(B) A nonrefundable fee of $100 shall accompany the application for a shelter. A nonrefundable fee of $150 shall accompany the application for a campus.
(C) (1) An annual application for a license must be made for each separate shelter or campus.
(2) When an application is received by the Director, the Director shall refer a copy of the application to the appropriate city agencies, which shall within ten business days of their receipt of the license application cause the facilities to be inspected to determine if the facilities meet the zoning, health, sanitation, structural, fire, property maintenance and fire safety requirements set out in any applicable state and local laws, and report such information to the Director within ten business days of such inspection.
(a) A food establishment inspection shall not be required at the time of application for a shelter license if the Northern Kentucky District Health Department conducted such an inspection at the shelter location within the six months prior to the application, or if the shelter does not have cooking facilities.
(b) The Northern Kentucky District Health Department will advise the Director in writing as to whether a food establishment inspection is required for the shelter license application.
(D) A license to operate a shelter shall be issued to the applicant by the Director within ten business days after receipt of the inspection reports required by division (C) above, if the application is fully and accurately completed and if the required inspections reveal that the shelter meets the zoning, health, sanitation, structural, fire and safety requirements of any currently applicable federal, state and local laws as may be amended from time to time. However, no license shall be issued by the Director if any one of the following is found to be true:
(1) The applicant or any of its owners, officers, directors or employees that have direct contact with a child at the shelter has a felony violation of any crime against a minor, or an equivalent law of another jurisdiction within ten years next preceding the date of application, or any felony conviction for any crime involving physical abuse or sexual abuse, or any violation of this subchapter;
(2) An applicant is delinquent in the payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a shelter;
(3) The license fee required by division (B) above has not been paid;
(4) The proposed shelter is located in a zoning district other than a district in which shelters are allowed to operate under the applicable zoning regulations of the city; or
(5) The applicant’s premises have been found by the Director to not be in compliance with laws or regulations of any applicable federal, state or local governments.
(E) In the event of denial, the Director shall notify the applicant in writing of the reasons for such denial. Said notice shall be mailed, certified mail, return receipt requested, within ten business days after the Director receives the inspection reports required by division (C) above.
(F) In the event the inspection required by this section is not completed within the timeframe set forth in division (C) above or if the Director fails to notify the applicant in writing of the reasons for denial of the application in the manner prescribed in division (E) above, then the application will be deemed to be granted and the shelter authorized to operate until such time as all required inspections have been completed, the Director has received the required reports, and the applicant receives notice of the Director’s decision on the application by certified mail, return receipt requested.
(1984 Code, § 117.03) (Ord. O-05-20, passed 2-11-2020)