For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT ACTIVITY OR ACTIVITIES or ADULT ENTERTAINMENT ESTABLISHMENT. Regular commercial participation in one or more of the following defined activities.
(1) ADULT AMUSEMENT ARCADE. An establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing areas and/or similar devices either coin-, token- or slug-operated or which, inconsideration of an entrance fee, display matter distinguished or characterized by an emphasis on displays of sexual activities, as hereinafter defined, or which other male or female persons expose to the view of the customer the bare female breast below a point immediately above the top of the areola, human genitals, public region or buttocks, even if partially or completed covered by translucent material, or human or simulated male genitals in a discernibly turgid state, even if completely or opaquely covered.
(2) ADULT BOOK STORE. An establishment having as one of its principal uses the sale, rent or display of pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on displays of sexual activities.
(3) ADULT MOTION PICTURE THEATER. An establishment having as one of its principal uses the presentation of motion pictures, slide projections and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter displaying, describing or relating to sexual activities, as hereinafter defined, for observation by person therein.
(4) ADULT NOVELTY CENTER. A commercial establishment which regularly features for sale instruments, devices, “adult toys” or paraphernalia which are designed for or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of oneself or others. Such instruments and devices shall not include condoms, contraceptive devices, spermicidal substances and lubricants, or other such products designed to prevent pregnancy or sexually-transmitted diseases.
(5) ADULT STAGE SHOW THEATER. An establishment having as one of its principal uses the regular presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter displaying semi-nudity or sexual activities for observation by persons therein.
(6) ADULT VIDEO CASSETTE RENTAL CENTER. A commercial establishment which has as one of its principal business uses the rental or sale of video cassettes or other video recordings which display material distinguished or characterized by an emphasis on displays of sexual activities.
(7) CABARET. An establishment which regularly features as one of its principal uses person who appear semi-nude before patrons.
(8) COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described herein which as one of it principal uses regularly offers matter, services or entertainment appealing to adult sexual interests if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
(9) SELF-DESIGNATED ADULT ENTERTAINMENT CENTER. Any establishment which designates all or a portion of its premises as for adults only and has a policy of excluding minors from is premises or from a portion of its premises and which advertises so as to convey the impression that the services, entertainment, matter of goods available at the premises or at the portion of the premises designated for adults only are characterized or distinguished by displays of human genitals or sexual activities.
DIRECTOR. The Director of the Department Planning and Development or his or her designee.
EMPLOYEE. Any person hired by or suffered or permitted to work in an establishment engaging in adult entertainment activities whether that person receives remuneration or compensation directly from the operator or owner of the establishment, for patrons of the establishment or from any other sources whether by contract of employment or otherwise, for work or services performed for the benefit of the adult entertainment establishment. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods, such as foods, to the premises.
ESTABLISHMENT. A business entity or endeavor, fixed, mobile or traveling, including its owners, operators, directors, shareholders, partners, employees and possessions.
HEARING BOARD. The Code Enforcement Board as established pursuant to Ord. 09-2003 of the city.
LICENSEE.
(1) 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 case of an “employee”, it shall mean the person in whose name the adult entertainment employee license has been issued.
(2) This license is in addition to the regular business license required by the city for any person or entity desirous of conducting business within its corporate limits.
MATERIALS. Any book, magazine, newspaper, or other printed or written matter, or any picture, drawing, photograph, motion picture, video cassette film or other pictorial representation or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.
NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, public area, vulva, 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 individual, partnership, corporation or business entity who establishes and/or maintains a business as its owner or manager and may also mean LICENSEE, as defined hereabove.
PERSON. Any individual, partnership, corporation or business entity.
PRINCIPAL OWNER. Any person owning, directly or beneficially, 20% of a corporation’s equity securities, 20% or more of the membership interests in a limited liability company, or, in the case of any other legal entity, 20% or more of the ownership interests in the entity.
PRINCIPAL USE. A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other PRINCIPAL USES unrelated to adult entertainment shall not relieve the business from the provisions of this chapter applicable to adult entertainment establishments. Principal use shall exist in the following circumstances:
(1) Where a business establishment dedicates, or permits the use of, at least 25% of the utilized square footage of its premises for adult entertainment activity or activities; or
(2) Where at least 25% of the gross receipts of a business establishment, excluding food and beverage receipts, result from adult entertainment activity or activities.
REAL ESTATE OWNER. Any individual, partnership, corporation or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or has the beneficial ownership of any real estate and a right to present use of enjoyment thereof, including a mortgage in possession.
REGULARLY. As used in the phases herein such as “regularly features” and “regularly offers”, the term REGULARLY means a consistent or repeated course of conduct engaged in or permitted by the operator of the business.
SEMI-NUDE or STATE OF SEMI-NUDITY.
(1) A state of dress in which opaque clothing covers no more than the genitals, anus cleft or cleavage, public area, vulva and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(2) This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.
SEXUAL ACTIVITIES. Partial or complete male and or female nudity in conjunction with:
(1) Displays of human genital in a state of sexual stimulation;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Holding or other erotic touching of human genitals, pubic region, buttocks or breast.
SPECIFIED CRIMINAL ACTIVITIES. Any of the following offenses:
(1) KRS 510.040, 510.050 or 510.060 (rape in the first, second and third degree); KRS 510.070, 510.080 or 510.090 (sodomy in the first, second or third degree); KRS 510.110, 510.120 or 510.130 (sexual abuse in the first, second or third degree); KRS 510.140 (sexual misconduct); 510.150 (indecent exposure); KRS 517.050 (falsifying business records); KRS 529.020 or 529.040 (prostitution); KRS 531.020, 531.030, 531.040 (distributing obscene matter, distributing obscene matter to minors, using minors to distribute obscene matter); KRS 218A.140 et seq. (offenses relating to controlled substances); any offense listed in KRS 531.300 through 531.370 (sexual exploitation of minors offenses); KRS 529.100 (human trafficking); engaging in organized crime (KRS 506.120) relating to a sexually-oriented business; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses in other jurisdictions that, if the acts would have constituted any of the foregoing offenses if the acts had been committed in the commonwealth; for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(Ord. 23-2011, passed 11-21-2011)