For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK STORE/VIDEO STORE. A commercial enterprise which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or discs, cassettes, photographs, films, motion pictures, video cassettes or video representations, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; and/or
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities". Not included in this definition are pharmaceutical supplies normally found in a pharmacy.
ADULT CABARET. A commercial enterprise which as one of its principal business purposes features:
(1) Persons who appear in a state of nudity or partial nudity;
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT LINGERIE STORE/MODELING STUDIO. A commercial enterprise where live models exhibit lingerie intended for an adult audience.
ADULT LOUNGE. An adult cabaret which is permitted or licensed pursuant to the Alcoholic Beverage Code where alcoholic beverages may be served, sold or consumed.
ADULT MOTEL. A hotel, motel or similar commercial enterprise which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides, discs or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" of "special anatomical areas", and which has a sign visible from the public right-of-way which advertises the availability of this type of adult entertainment.
ADULT MOVIE THEATER or ADULT VIDEO THEATER. A commercial enterprise where, for any form of consideration, films, motion pictures, video cassettes, slides, discs or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "special anatomical activities" are shown to groups of six or more people.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial enterprise which as one of its principal business purposes features persons who appear in a state of nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".
ADULT VIDEO ARCADE. Any commercial enterprise to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically or mechanically-controlled still or motion pictures, projectors, or other image-producing devices, to include computer and electronic games, are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
BUILDING OFFICIAL. Any individual appointed by or designated by the City of Hopkinsville through either appointment or contract to enforce the Zoning Ordinance for the City of Hopkinsville and/or enforce the Kentucky Building Code for the State of Kentucky.
CHURCH or REGULAR PLACE OF WORSHIP. Any structure used principally as a place wherein persons regularly assemble for religious worship including, but not limited to, sanctuaries, chapels, cathedrals, churches,
synagogues and on-site buildings adjacent thereto, such as parsonages, convents, fellowship halls, Sunday schools and rectories.
CITY CLERK. Refers to the individual lawfully acting as the City Clerk of Hopkinsville or his or her designated representative.
CONTROLLED SUBSTANCE. Any substance defined as a controlled substance by the Kentucky Controlled Substance Act, as then amended.
DAY CARE. A facility which provides care and/or supervision for adults or children on a day to day basis.
DRESSING ROOM. An enclosed area-designed to allow a single person to try on items of apparel for the purpose of determining suitability.
ESCORT. A person who accompanies an individual for social purposes for any consideration.
ESCORT AGENCY. A person or commercial enterprise which for a fee, tip or other consideration offers to furnish, or advertises to furnish, escorts as one of its principal business purposes.
ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
GAMBLING. The meaning set forth at KRS 528.010, as then amended.
INTENDED OPERATOR. The person principally in charge of the day to day operation of the sexually oriented business.
KNOWINGLY. The meaning set forth at the KRS 501.020(2), as then amended.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued pursuant to the terms of this chapter.
MODELING/NUDE MODELING STUDIO. A commercial enterprise where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other person who pay money or any form of consideration.
NUDITY/PARTIAL NUDITY. Appearing in a state of dress which displays one or more "specified anatomical areas".
OPERATES OR CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or license holder of the establishment. A person who, which on the premises of a sexually oriented business, does any one or more of the following, shall be deemed to be operating or causing to be operated such a business:
(1) Operates a cash register, cash drawer or other depository where checks, cash funds or records of credit card or other credit transactions generated in connection with the activities of the business are kept;
(2) Displays or takes orders from many customer for any merchandise, goods, entertainment or other service offered in connection with the activities of the business;
(3) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered in connection with the activities of the business;
(4) Acts as a door attendant to regulate entry of customers or other persons into the business premises; or
(5) Supervises or manages other persons in the performance of any or foregoing activities.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PRINCIPAL BUSINESS PURPOSE. Any commercial activity that generates at least 15% of a business's monthly gross receipts.
RENT. The act of permitting space to be occupied for any form of consideration.
RESIDENTIAL DISTRICT. Single-Family Residential District (R-1); Single-Family Residential District (R-1a); One and Two Family Residential District (R-2); Multi-Family Residential District (R-3); Zero Lot Line District (ZLL); or Planned Unit Development District (PUD).
RESIDENTIAL USE. Any use of a dwelling or structure on property which is compatible with uses of a residential district whether or not the subject property is zoned as a residential district.
RESTROOMS. Synonymous with TOILET FACILITIES, LAVATORY and BATHING FACILITIES. No sexually oriented business activities shall be permitted in any such facilities.
SEXUAL ENCOUNTER CENTER. A commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or partial nudity.
SEXUALLY ORIENTED BUSINESS.
(1) An adult bookstore, adult video arcade, adult bookstore or video store, adult cabaret, adult lingerie store/modeling studio, adult lounge, adult motel, adult movie theater, adult video theater, escort agency, modeling studio, nude modeling studio, sexual encounter center or other commercial enterprise a principal business purpose of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(2) The following are exempted from regulation under this chapter:
(a) A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, licensed barber or any other state licensed/regulated professional engaged in performing functions authorized under the license held; or
(b) A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals;
(b) Human buttock or anus; or
(c) Female breasts below a point of immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(3) Any combination of the above.
SPECIFIED SEXUAL ACTIVITIES. Those activities which display:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; or
(4) Any combination of the above.
SUB-RENT. The act by one who has rented a room of permitting the room to be occupied for any form of consideration.
TRANSFER OF OWNERSHIP OR CONTROL. Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for the transfer by request or other operation of law upon the death of the person processing the ownership or control.
VIEWING ROOM. An area designated to permit one or more persons the opportunity to view or observe a dancer, model or other performer in a private or semi-private environment.
(Ord. 6-97, passed 4-15-1997)