General Requirements. In addition to the licensing and other general requirements contained in this ordinance relating to adult entertainment establishments, each adult entertainment establishment shall comply with the following requirements:
(A) Prohibited activities. No person shall display or expose specified anatomical areas and are prohibited from simulating specified sexual activity individually or with any patron, spectator, employee or other person on the premises of an adult entertainment establishment.
(B) Entertainment area. No person in an adult entertainment establishment shall engage in any form of entertainment or dancing except while said person is positioned in or occupying an entertainment areas, as defined above in § 114.02, and while the person so dancing, performing, displaying or exhibiting is positioned not less than six (6) feet from any patron or spectator.
(C) Entertainment area exclusion. No spectator, patron, or persons other than a licensed adult entertainment employee shall be present in an entertainment area, as defined above in § 114.02, during the course of any adult oriented entertainment, dancing, or performing.
(D) Physical contact prohibition. While on the premises of an adult entertainment establishment, no adult entertainment employee shall be permitted to have any physical contact with any other adult entertainment employee, other employee, patron or spectator while that adult entertainment employee is entertaining, dancing or performing and all such performances shall occur only in an entertainment area. An adult entertainment employee shall not touch the breast, buttocks or genitals of any patron, spectator, or other adult entertainment employee and no patron or spectator shall touch the breast, buttocks, or genitals of any adult entertainment employee or other patron or spectator while on the premises of the adult entertainment establishment. Further no person on the premises of an adult entertainment establishment shall be permitted to use or be present in areas partitioned or screened from public view that are designed to be occupied, together or alone, by any person or persons on the premises of such establishment for the display of or exhibition of specified anatomical areas.
(E) Age restriction. No person under eighteen (18) years of age shall be permitted in an adult entertainment establishment.
(F) Business hours. No adult entertainment establishment shall be open for business between the inclusive hours of 1:00 a.m to 1:00 p.m. of any day.
(G) Licensed adult entertainment employees. No owner or operator of an adult entertainment establishment shall permit an unlicensed adult entertainment employee to work or perform services in its adult entertainment establishment.
Case reference:
An ordinance regulating nude dancing in adult entertainment establishments is a valid exercise of the city's police power to control sex crimes, social disease, and general depreciation of the neighborhood, and is not a suppression of free speech, Restaurant Ventures, LLC v. Lexington-Fayette Urban, Ky. App. Case Nos. 199CA-000834-MR & 1999-CA-001093-MR (1/5/01)
(Ord. 11-06-1, passed 11-13-06) Penalty, see § 114.99