(A) Business license. Upon the filing of a completed application for an adult entertainment establishment license, the County Clerk shall immediately issue a temporary license to the applicant if the completed application is from a preexisting adult entertainment establishment that is lawfully operating in the county and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment establishment license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 20 days of the filing of a completed adult entertainment establishment license application, the County Clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The County Clerk shall issue a license unless:
(1) An applicant is less than 18 years of age;
(2) An applicant has failed to provide information required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form;
(3) The license application fee required by this chapter has not been paid;
(4) The adult entertainment establishment, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the locational requirements of any ordinance in the county or the City of Owensboro governing adult entertainment establishments;
(5) Any adult entertainment establishment in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been declared by a court of law to be a nuisance; or
(b) Been subject to an order of closure or padlocking.
(6) An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.
(B) Employee license. Upon the filing of a completed application for an adult entertainment establishment employee license, the County Clerk shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed adult entertainment establishment and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment establishment employee license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 20 days of the filing of a completed adult entertainment establishment employee license application, the County Clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The County Clerk shall issue a license unless:
(1) The applicant is less than 18 years of age;
(2) The applicant has failed to provide information as required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form;
(3) The license application fee required by this chapter has not been paid;
(4) Any adult entertainment establishment in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been declared by a court of law to be a nuisance; or
(b) Been subject to an order of closure or padlocking.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.
(C) Contents of license. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for an adult entertainment establishment, the address of the adult entertainment establishment. The adult entertainment establishment license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it may be read at any time that the business is occupied by patrons or is open to the public. An adult entertainment establishment employee shall keep the employee’s license on his or her person or on the premises where the licensee is then working or performing.
(Ord. KOC 1030.3 (2008), passed 12-18-2008)