(A) General requirements. No person shall own an adult entertainment establishment without an adult entertainment establishment license. No person shall operate an unlicensed adult entertainment establishment.
(B) Application process. The owner of an adult entertainment establishment shall apply for a license with the Codes Enforcement Officer. The applicant shall complete an application on the form prescribed by the city and shall submit the following information:
(1) The name and business address of the establishment, including any assumed or fictitious names under which the establishment is or will be operated.
(2) The name, including any assumed or fictitious name or alias, business address, social security and tax identification number of the owner, and the social security number of every officer, partner, director, or person performing a similar function to an officer, partner or director and the names and addresses of any individual who owns ten percent (10%) or more of the adult entertainment establishment.
(3) In the event the owner of the adult entertainment establishment is not the owner of record of the real property on which the establishment is located or to be located, the application shall include a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is located or to be located on the real property upon the issuance of the license. The applicant also shall furnish the name and address of the owner of record of the real property and a copy of the lease or rental agreement or memorandum thereof.
(4) The name, including any assumed or fictitious name or alias, business address, date of birth, social security number, and photograph of each person engaged in the day to day management of the licensed premises. All persons who at any time shall be responsible for attending the entrance of the establishment for the purpose compliance with this chapter shall be included in this section.
(5) The name, including any assumed or fictitious name or alias, business address, date of birth, social security number, and photograph of the individual designated by the applicant to be responsible for keeping the applicant, if licensed, at all times in compliance with the restrictions, requirements, and conditions set forth in this chapter together with the written statement of the individual stating that he has received a copy of this chapter and the he or she willfully undertakes on behalf of the applicant to comply therewith.
(6) The name, including any assumed or fictitious name or alias, business address, date of birth, social security number, and photograph of the individual designated by the applicant to be responsible for keeping current the information required hereunder at all times together with a written statement that he has received a copy of this chapter and that he or she willfully undertakes on behalf of the applicant to comply with the requirements herein pertaining to the disclosure of information.
(7) The nature of the activity or activities to be conducted at such location.
(8) A criminal record report for the applicants, owners, officers, directors, partners, employees or other persons whose names are required pursuant to this section together with a list of all criminal convictions of such persons within the last five years for the offenses listed in division (E) of this section. Any person who is on parole shall submit with the application the terms of said parole.
(9) The name and mailing address of the owner to whom notice will be given in case of violations or other matters affecting the license hereunder.
(10) Applicant must submit to fingerprinting by the City of Flemingsburg Police Department.
(11) Applicant's premises must meet all established zoning, fire, building, and/or plumbing codes and shall not provide direct interior access to residential living quarters.
(12) Applicant shall file a true and accurate floor plan showing all entrances, exits, patron seating areas, entertainment areas, stairways, and all rooms in the building and their intended uses.
(C) Supplemental information. The information required by division (B) of this section shall be at all times current even after the granting of an adult entertainment license. It shall be the responsibility of the owner or other person designated in the licensee's application to notify the Codes Enforcement Officer in writing, no later than 48 hours after the effective date of any change in any information contained in the application. Failure to timely provide notice of such change shall result in immediate revocation of the adult entertainment establishment license.
(D) Review process. The Codes Enforcement Officer or his or her designee shall inspect the premises within fifteen (15) days after the application has been submitted. The Codes Enforcement Office shall issue a license if all restrictions, requirements, conditions, and all applicable requirements of this chapter and other applicable laws have been met. The Codes Enforcement Officer shall grant or deny a license application within twenty (20) days of the filing of such application.
(E) Prohibitions. No adult entertainment establishment license shall be issued if the applicant or any operator, officer, director, partner or shareholder thereof:
(1) Is under eighteen (18) years of age;
(2) Has been convicted of any of the following offenses within the preceding five (5) years:
(a) Gambling, conspiracy to promote gambling, or possession of gambling records or gambling devices;
(b) Prostitution, promoting prostitution, permitting prostitution, solicitation for the purpose of prostitution, or loitering for the purpose of prostitution;
(c) The sale, transfer, possession or use of any controlled substance;
(d) Sexual offenses including rape, sodomy, sexual abuse, sexual misconduct, or indecent exposure;
(e) Distribution of obscene material to a minor, use of a minor to produce, promote, or distribute obscene material, advertising obscene materials, promoting the sale of obscenity;
(f) Unlawful transaction with a minor (as defined in KRS Chapter 530 or other similar laws), use of a minor in a sexual performance, or promoting a sexual performance by a minor; or
(g) Murder, manslaughter, or felony assault (as defined in KRS Chapters 507 or 508 or similar law);
(3) Has failed in the operation of an adult entertainment establishment to comply with any health, zoning, fire, or building code enacted or adopted by the city and has failed to correct such violation after notice from the city or other governmental agencies having jurisdiction.
(4) Owes any delinquent fees or taxes of any kind to the city.
(F) Notice. If the Codes Enforcement Officer's inspection reveals a failure to comply with any provisions of this chapter, the Codes Enforcement Officer shall notify the applicant in writing of that fact, stating what failures have been discovered, allowing a reasonable time to correct such defects and informing the applicant of the procedure for appealing such notice findings and decision.
(G) No transfer of license. The adult entertainment establishment license issued under this section does not authorize the operation of an adult entertainment establishment at any place other than the address designated in the application, and such license is not transferable. A transfer shall be deemed to occur when the business is sold, leased, or subleased, when securities which constitute a controlling interest in the business are sold or otherwise exchanged, or when a trust, gift, or other similar legal device is established to transfer ownership or control of the business, except for a transfer by bequest or other operation of law upon the death of the natural person owning or controlling the business.
(H) Access to licensed premises. Application for or the granting of a license for an adult entertainment establishment shall be deemed to permit periodic inspections by law enforcement officers, or other persons designated or authorized by the Codes Enforcement Officer, of all areas of any establishment requiring a license under this chapter for the purpose of verifying compliance with the terms and conditions of this chapter. It shall be unlawful for an applicant, licensee, owner or operator of an adult entertainment establishment to refuse to permit a law enforcement officer, Codes Enforcement Officer, or other authorized person to inspect the premises at any time during normal business hours of the establishment.
(I) License fee. Upon submission of an initial license application, the applicant for an adult entertainment license shall pay to the city a non-refundable fee of one hundred dollars ($100.00), to help defray costs of background checks. Each adult entertainment establishment shall pay to the city, in addition to the application fee, an annual license fee of fifteen hundred dollars ($1,500.00), which fee is due and payable upon the issuance of a license and on or before the first day of January of each year thereafter. When the license is first issued, the annual fee may be prorated at the rate of $150.00 per month for the remaining months of the current license year, which prorated fee is due and payable upon the issuance of a license. No license fee shall be refunded upon cessation of business of upon suspension or revocation of an adult entertainment license.
(J) Expiration. Each license shall expire on December 31 of each calendar year, unless earlier suspended or revoked. Application for a new license should be made at least thirty days prior each expiration date, to allow the Codes Enforcement Officer time to recheck that all requirements for Adult Entertainment Establishments continue to be met by the applicant.
(K) Suspension. The Codes Enforcement Officer may suspend an adult entertainment establishment license for a period not to exceed thirty (30) days if the Codes Enforcement Officer determines that the applicant, owner, operator or an employee thereof has violated any provisions of this chapter, has been on the adult entertainment establishment premises while intoxicated or in a disorderly condition (consistent with the definition of disorderly conduct contained in KRS Chapter 525), has refused to allow an inspection of the licensed premises, or has knowingly permitted any violation of city or state law to occur on the premises.
(L) Revocation. The Codes Enforcement Officer shall revoke an adult entertainment license if he or she determines that:
(1) Cause for suspension under division (H) of this section occurs and the license has been suspended within the preceding twelve (12) months;
(2) An applicant knowingly gave false or misleading information in the initial license or any subsequent license application;
(3) An applicant, owner, operator or employee has knowingly allowed possession, use or sale of controlled substance on the premises;
(4) An applicant, owner, operator, or employee has knowingly allowed prostitution or solicitation for prostitution on the premises;
(5) An applicant, owner, operator or employee has knowingly operated an adult entertainment establishment during a period of time when the establishment's license was suspended; or
(6) An applicant, owner, operator or employee has knowingly allowed a violation specified in division (E) of this section to occur on the premises.
(M) Hearing for denial, suspension or revocation; appeal. If the Codes Enforcement Officer determines that grounds exist to deny, suspend or revoke an adult entertainment establishment license, he or she shall notify the applicant or licensee in writing of his or her intent to deny, suspend or revoke, including the grounds therefor. The notice shall be sent to the applicant or licensee by certified return receipt mail at the address specified in the application. Within five (5) business days of receipt of such notice, the applicant or licensee may provide to the Codes Enforcement Officer, in writing, a response which shall include a statement of reasons why the license should not be denied, suspended or revoked, and may request a hearing. If a timely response is not received by the Codes Enforcement Officer, the notice shall be a final administrative act of denial, suspension or revocation of the license. If a timely response is received by the Codes Enforcement Officer, he or she shall within ten (10) business days of his or her receipt of the response either withdraw the written notice of intent to deny, suspend or revoke by giving notice of such withdrawal to the applicant or licensee, or schedule a hearing before the Flemingsburg Codes Enforcement Board, and shall give notice of such hearing to that applicant or licensee. The hearing shall be informal in nature and shall be conducted within ten (10) business days of the Codes Enforcement Officer's timely receipt of the applicant's or licensee's response. The Board shall issue an oral decision at conclusion of the hearing and shall render a written decision within five business days after the completion of the hearing and shall serve the applicant or licensee with a copy of the decision by certified return receipt mail. The applicant or licensee may appeal such decision of the Board to the Fleming Circuit Court, provided said appeal is filed not later than thirty (30) days after receipt of the written decision of the Board; otherwise the decision of the Board shall be final. If an applicant or licensee pursues a judicial appeal of a final decision of Board, then that licensee or applicant may continue to operate or work pending final adjudication.
(Ord. 11-06-1, passed 11-13-06)