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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENT. Any business displaying, classifying or selling material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIC SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; and
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(1992 Code, § 111.01) (Ord. passed 3-13-1986)
(A) The following types of conduct are hereby prohibited in premises licensed under KRS Chapters 241, 242, 243 and 244:
(1) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
(2) The actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals;
(3) The actual or simulated display of the pubic hair, anus, vulva or genitals;
(4) The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus; and
(5) The displaying of films or pictures depicting acts a live performance of which is prohibited by the regulations quoted above.
(B) Topless waitresses are prohibited from premises licensed under KRS Chapters 241, 242, 243 and 244.
(C) Performances that partake more of the gross sexuality defined in divisions (A)(1) through (A)(5) above than they do of lawful communication but which are still protected by the First Amendment to the United States Constitution must be conducted upon a stage where the performers may not be touched by the invitees of premises licensed under KRS Chapters 241, 242, 243 and 244.
(1992 Code, § 111.02) (Ord. passed 3-13-1986) Penalty, see § 111.99
Adult establishments shall be prohibited in premises licensed under KRS Chapters 241, 242, 243 and 244.
(1992 Code, § 111.03) (Ord. passed 3-13-1986) Penalty, see § 111.99
The conduct or establishments regulated in §§ 111.01 and 111.03 shall be prohibited from being licensed for business unless they are located at least 1,500 feet from existing residential uses, schools, churches, halls available for private rental or premises licensed under KRS Chapters 241, 242, 243 and 244.
(1992 Code, § 111.04) (Ord. passed 3-13-1986) Penalty, see § 111.99