For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs; films, motion pictures, videocassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment which regularly features persons who appear semi-nude.
ADULT ENTERTAINMENT ESTABLISHMENT. An adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual device shop.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration.
CHARACTERIZED BY. Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as an adult entertainment establishment by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
COUNTY. Daviess County, Kentucky.
EMPLOY, EMPLOYEE, and EMPLOYMENT. Describes and pertains to any person who performs any service on the premises of an adult entertainment establishment, on a full-time, part-time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ESTABLISH or ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any adult entertainment establishment as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment establishment, to any adult entertainment establishment; or
(3) The addition of any adult entertainment establishment to any other existing adult entertainment establishment.
HEARING OFFICER. An attorney, not otherwise employed by the county, who is licensed to practice law in the commonwealth, and retained to serve as an independent tribunal to conduct hearings under this chapter.
INFLUENTIAL INTEREST. Any of the following:
(1) The actual power to operate the adult entertainment establishment or control the operation, management, or policies of the adult entertainment establishment or legal entity which operates the adult entertainment establishment;
(2) Ownership of a financial interest of 30% or more of a business or of any class of voting securities of a business; or
(3) Holding an office (e.g., President, Vice-President, Secretary, Treasurer, managing member, managing Director, and the like) in a legal entity which operates the adult entertainment establishment.
INTERIOR BUSINESS SPACE. The floor area inside an adult entertainment establishment that is visible or accessible to patrons for any reason, excluding restrooms.
LICENSEE. A person in whose name a license to operate an adult entertainment establishment has been issued, as well as the individual or individuals listed as an applicant on the application for an adult entertainment establishment license. In the case of an employee, it shall mean the person in whose name the adult entertainment establishment employee license has been issued.
NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
OPERATOR. Any person on the premises of an adult entertainment establishment who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult entertainment establishment regardless of whether that person is an owner, part owner, or licensee of the business.
PERSON. Individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES. The real property upon which the adult entertainment establishment is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult entertainment establishment, 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 an adult entertainment establishment license.
PRINCIPAL BUSINESS ACTIVITY. Exists where the commercial establishment:
(1) Has a substantial portion of its displayed merchandise which consists of said items;
(2) Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items;
(3) Has a substantial portion of the retail value (defined as the price charged to customers) of its displayed merchandise which consists of said items;
(4) Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of said items;
(5) Maintains a substantial portion of its interior business space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in interior business space maintained for the display, sale, or rental of said items);
(6) Maintains at least 500 square feet of its interior business space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in interior business space maintained for the display, sale, or rental of said items) and limits access to the premises to adults only;
(7) Offers for sale or rental at least 2,000 of the foregoing items and limits access to the premises to adults only;
(8) Regularly features said items and regularly advertises itself or holds itself out as an establishment that caters to adult sexual interests by using “adult”, “XXX”, “sex”, “erotic”, or substantially similar language; or
(9) Maintains an adult arcade which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
REGULARLY. The consistent and repeated doing of an act on an on-going basis.
SEMI-NUDE or STATE OF SEMI-NUDITY. The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO. A place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) In a structure:
(a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(b) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
SEXUAL DEVICE. Any three-dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually- transmitted diseases or for preventing pregnancy.
SEXUAL DEVICE SHOP. A commercial establishment that regularly features sexual devices. This definition shall not be construed to include any pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or health care products or services, or any establishment that does not limit access to its premises or a portion of its premises to adults only.
SPECIFIED ANATOMICAL AREAS. Includes:
(1) Less than completely and opaquely covered: human genitals; pubic region; buttock; and the female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibty turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY. Any of the following specified crimes for which less than five years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:
(1) Sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual abuse or assault; molestation of a child;
(2) Prostitution or promotion of prostitution;
(3) Dissemination of obscenity; sale, distribution, or display of harmful material to a minor; possession or distribution of child pornography;
(4) Illicit use and distribution of a controlled substance;
(5) Engaging in organized criminal activity relating to a sexually-oriented business;
(6) Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
(7) Any offense in another jurisdiction that, had the predicate act(s) been committed in the commonwealth, would have constituted any of the foregoing offenses.
SPECIFIED SEXUAL ACTIVITY. Any of the following:
(1) Intercourse, oral copulation, masturbation, or sodomy; or
(2) Excretory functions as a part of or in connection with any of the activities described in division (1) above.
SUBSTANTIAL. At least 35% of the item(s) so modified.
TRANSFER OF OWNERSHIP or CONTROL OF AN ADULT ENTERTAINMENT ESTABLISHMENT. Any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute an influential 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 the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM. The room, booth, or area where a patron of an adult entertainment establishment would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video reproduction.
(Ord. KOC 1030.3 (2008), passed 12-18-2008)