(A) (1) Effective March 15, 2024, no individual or entity shall, except as provided in division (B) of this section, establish, operate, or maintain a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances or represent, promote, advertise, or otherwise claim to operate a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances unless that individual or entity has:
(a) Been certified by a certifying organization; and
(b) Provided proof of certification by a certifying organization to the city in a form and manner prescribed by the city.
(2) The provisions of this division (A) shall not apply to:
(a) A recovery residence that is recognized as a part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation; or
(b) A recovery residence that is:
1. Owned or operated by an entity that is exempt, in part or in whole, pursuant to 42 U.S.C. sec. 3607 or 12187 from compliance with the Americans with Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No. 100-430; and
2. Affiliated with a religious institution that is organized under 26 U.S.C. sec. 501(c) for charitable religious purposes; unless the recovery residence accepts Medicare or Medicaid funds.
(B) Notwithstanding division (A) of this section:
(1) A recovery residence operating without certification from a certifying organization on March 15, 2024, shall be permitted to continue to operate until June 30, 2024, if the recovery residence provides the city with proof that it initiated a certification process with a certifying organization prior to March 15, 2024; and
(2) A recovery residence that seeks to begin operating after March 15, 2024, may be permitted by the city to operate for a period of not more than six months if the recovery residence provides the city with proof that it has initiated a certification process with a certifying organization.
(Ord. 01-2024, passed 1-16-2024)