(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL BEVERAGE CONTROL ADMINISTRATOR. The duly-appointed Alcoholic Beverage Control Administrator of the county.
BUSINESS ESTABLISHMENT. A business within the county, but outside the corporate limits of the City of Owensboro, where liquor, beer, and/or wine is sold for consumption on the premises pursuant to a retail drink liquor license and/or retail malt beverage liquor license that has been issued by the county.
LICENSE. A retail drink liquor license or a retail malt beverage liquor issued by the county.
LICENSEE. Any person to whom a retail drink liquor license or retail malt beverage liquor license has been issued by the county, including the officers and agents of the licensee.
PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority.
PREMISES. The land and building in and upon which any business establishment regulated by alcoholic beverage statutes is carried on.
RETAIL LICENSEE. Any licensee, including its officers, employees, and/or agents, who sell at retail, any alcoholic beverage for the sale of which an occupational license is required.
(B) Prohibition of nude or nearly nude activities.
(1) It shall be unlawful for, and a person guilty of, performing nude or nearly nude activities when that person appears on a business establishment’s premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, or when any female appears on a business establishment’s premises in such manner or attire as to expose to view the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof.
(2) 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, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
(C) Licensees prohibited from permitting nude or nearly nude activities. A licensee or retail licensee is guilty of permitting nude or nearly nude activities when, having control of the business establishment’s premises, said licensee knowingly organizes, supervises, promotes, permits, acquiesces, or fails to make a reasonable and timely effort to halt or abate any nude or nearly nude activities as defined and prohibited in division (B) above on said premises.
(D) Hearing; revocation of liquor license.
(1) In the event that a violation of divisions (B) or (C) above occurs, the Alcoholic Beverage Control Administrator shall forthwith conduct a hearing pursuant to KRS 243.520, in conjunction with KRS 241.160 and 241.190, to determine whether the liquor licensee, at whose business establishment the activity prohibited by this section occurred, shall have his or her liquor license suspended or revoked.
(2) In the event that three or more violations of divisions (B) or (C) above occur at a business establishment within a 12-month period, the Alcoholic Beverage Control Administrator, after a hearing, shall revoke the retail drink liquor license or retail malt beverage liquor license or both.
(E) Effective date. This section shall be signed by the County Judge/Executive, attested by the Fiscal Court Clerk, recorded, published, and effective upon publication, according to law.
(Ord. 1030.2 (94), passed 3-30-1994) Penalty, see §
110.99