(A) License required. It shall be unlawful for any person to own, operate or cause to be operated, within the corporate limits of Hopkinsville, a sexually oriented business without a valid license authorizing the operation.
(B) Application.
(1) An application for a license must be made on a form provided by the City Clerk. Before any applications will be taken from any person or entity applying for the license, the City Clerk must be shown the required building permit as required by the Kentucky Building Codes and also must produce a certificate of occupancy. The application shall not be accepted until it is complete and contains:
(a) The name of the applicant and a statement as to whether the applicant is an individual, partnership, corporation or other specified legal entity;
(b) The name under which the business is to be operated and a description of the sexually oriented business to be conducted;
(c) The name, address and telephone number of each owner, operator and employee;
(d) The street address and legal description of the parcel of land on which the business is to be located, and the telephone number of the enterprise;
(e) A detailed description of the business activities to be conducted on the premises;
(f) A written declaration, sworn under oath by the applicant or its duly authorized agent, that the information contained in the application is true and correct;
(g) If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 5% or greater interest in the business must sign the application for a license as applicant;
(h) A statement of gross receipts or sales known or anticipated from the sale or rental of sexually oriented products or materials; and
(i) A certification that the proposed sexually oriented business meets the location requirements set forth in § 119.07.
(2) The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram needs to be based on a scale or drawing with marked dimensions on the interior of the premises. The applicant shall sign a notarized statement attached to the diagram stating that the proposed plan for the sexually oriented business complies with the requirements set forth in this chapter. The applicant may submit a remodeling plan to scale for modification of the current structure. If the plan is acceptable and the license is approved, the license shall not be effective until the modification is completed and a certificate of occupancy is issued. The City Clerk may waive the requirement that the diagram be submitted with a renewal application if the application certifies that the configuration of the premises has not been altered since the diagram on file with the original application was prepared.
(a) The diagram must show all interior walls and partitions, the locations of one or more manager stations and the locations of lighting fixtures. The diagram must clearly specify any areas in the premises to which members of the public will not be permitted access and must designate the location where the license will be posted.
(b) Excepting only adult motels, the interior of the sexually oriented business premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding only restrooms. Restrooms may not contain video, photographic, monitoring or other surveillance equipment. The view required in this division must be by direct line of sight from the manager's station.
(c) It shall be unlawful for any owner, operator, agent or employee to knowingly permit the view area specified in division (B)(2) above to be obstructed by any doors, walls, merchandise, display racks or other material at any time that any patron is present on the premises, or to allow a patron access to any area of the premises which has been designated in the application filed pursuant to division (B)(1) above as an area in which patrons will not be permitted.
(d) It shall be unlawful for any owner, operator, agent or employee to knowingly allow patrons access to any area that is not illuminated by overhead lighting fixtures to an intensity of at least one footcandle as measured at floor level. The light intensity shall be maintained at all times during which the premises are open to the public.
(3) The premises must be inspected and found to be in compliance with the law by the county's Health Department, Fire Department and Building Official.
(4) The fact that a person possesses a valid theater license, dance hall license, amusement device license, business license, certificate of occupancy or other license or permit does not exempt him or her from the requirement of obtaining a sexually oriented business license. Any person who owns or operates a sexually oriented business license shall comply with the requirements and provisions of this chapter and all other applicable ordinances of the City of Hopkinsville and, laws of the State of Kentucky.
(C) Issuance of license.
(1) The City Clerk shall approve or disapprove the issuance of a license to an applicant within 45 days following the date on which the complete application is filed with the city. Failure of the City Clerk to disapprove an application by the end of the forty-fifth day following the day on which the complete application is filed shall result in the administrative approval of the application, and the license shall promptly thereafter be issued. The license shall nevertheless be subject to suspension or revocation as provided herein. Each applicant must be qualified under § 119.04(C)(2) of this chapter, and each applicant shall be considered the licensee if a license is granted.
(2) Approval must be granted unless one or more of the following is true:
(a) Any applicant is under 18 years of age;
(b) An applicant or applicant's spouse is overdue in payment of any taxes, fees, utilities, fines, court directed payments, assessments or interest to the City of Hopkinsville, or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business;
(c) An applicant has failed to provide information requested on the application form or has supplied false or misleading information in the application process;
(d) An applicant, applicant's spouse or employee has been convicted of a violation of a provision of this chapter within two years immediately preceding the filing of the application. The fact that a conviction is being appealed shall have no effect;
(e) An applicant, applicant's spouse or employee has been convicted of a crime:
1. Involving any of the following offenses as described in the Kentucky Penal Code, or the substantial equivalent of the offenses set forth below under the laws of any other state or the United States:
a. Prostitution;
b. Promoting prostitution;
c. Permitting prostitution;
d. Loitering for prostitution purposes;
e. Incest;
f. Unlawful transaction with a minor in the first degree;
g. Distribution of obscene matter;
h. Distribution of obscene matter to a minor;
i. Using minors to distribute obscene material;
j. Advertising obscene material;
k. Promoting sale of obscenity;
l. Promoting a sexual performance by a minor;
m. Possession of material portraying a sexual performance by a minor;
n. Promoting sale of material portraying a sexual performance by a minor;
o. Advertising material portraying a sexual performance by a minor;
p. Using minors to distribute material portraying a sexual performance by a minor;
q. Rape;
r. Sodomy;
s. Sexual abuse;
t. Sexual misconduct;
u. Indecent exposure; and
v. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;
2. 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.
3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
4. An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (C)(2)(e)1. above may qualify for a sexually oriented business license only when the time period required by division (C)(2)(e)2. has elapsed.
5. It shall be the duty of the Hopkinsville Chief of Police to report the findings under divisions (C)(2)e.1. and (C)(2)e.4. above to the City Clerk within 45 days from the time the application is filed.
6. The premises to be used for the sexually oriented business have been disapproved by the county's Health Department, Fire Department or the Building Official.
7. The licensee fee required by this chapter has not been paid.
8. An applicant or the proposed establishment is in violation of or is not in compliance with any applicable section of this chapter.
9. The proposed business is otherwise prohibited by law.
(D) Fees.
(1) Every person who engages in operating a sexually oriented business shall in lieu of the regular occupational license fee charged by the city pay an annual license tax in the amount of $5,000, effective the fiscal year beginning May 15. Every person who engages in employment, contractually or otherwise, as an independent contractor in a sexually oriented business shall pay the regular occupational license fee charged by the city. The license shall be valid upon issuance of same and shall not be transferrable to any other person during the period of the license and said tax charged to offset the city's expenses in exercising its police and regulatory powers involving adult entertainment.
(2) The licensee fees shall be charged for each license application filed and shall be paid at the time the application and diagram are submitted for processing.
(E) License. It shall be unlawful for any person to own, operate, conduct or cause to be operated or conducted a sexually oriented business within the territorial limits of the City of Hopkinsville, Kentucky, unless the license required by this chapter is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises.
(F) Inspections.
(1) It shall be unlawful for any person to interfere with a lawful inspection of the premises by a representative of any law enforcement agency, county's Health Department, Fire Department, the Zoning Building Official or the City Clerk at any time it is occupied or open for business.
(2) By accepting a license to operate a sexually oriented business, the licensee consents that a peace officer, Fire Marshal, Building Official or Health Inspector may enter the premises at any time the premises are open for business to conduct an inspection or investigation for the purpose of evaluating compliance with this chapter.
(a) In conducting inspections as provided herein, officers shall limit their investigations to detecting violations of the regulatory provisions of this chapter and the Kentucky Revised Statutes.
(b) This division does not in any way limit the authority of an officer to conduct any search authorized by a warrant, or pursuant to any exception to the warrant requirement.
(G) Expiration and renewal of license.
(1) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in division (B). Applications for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
(2) When the City Clerk denies renewal of a license for false or misleading information, the applicant shall not be issued a license for one year from the date of denial. If the applicant has been convicted of a violation of this chapter, the applicant shall not be issued a license for two years from the date of conviction. If any other basis of denial for renewal of license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final and the applicant is otherwise entitled to receive a license hereunder.
(H) Suspension.
(1) The City Clerk shall suspend a license for a period not to exceed 60 days if he or she determines that the licensee or an employee of a licensee has, subsequent to the issuance of the license:
(a) Violated any provisions of this chapter;
(b) Been charged with a violation of any statute, ordinance or other law pertaining to the possession, use or consumption of alcoholic beverages or any other controlled substance while on the business premises during business hours;
(c) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
(d) Altered the activities or character of the business such that the business offers, provides, displays or exhibits goods, services or entertainment not offered, provided, displayed or exhibited at the time the license was issued, and not otherwise authorized by the license; or
(e) Knowingly permitted gambling by any person on the sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
(2) It shall be unlawful for any person to operate, conduct or cause to be operated or conducted a sexually oriented business within the territorial limits of the City of Hopkinsville, Kentucky, during any period of time when the license authorizing the operation has been suspended.
(I) Revocation.
(1) The City Clerk shall revoke a license if he or she determines that:
(a) A cause of suspension under division (H) above, occurs and the license has been suspended within the preceding 12 months;
(b) A licensee gave false or misleading information in the material submitted to the City Clerk during the application process;
(c) A licensee or an employee has knowingly allowed the unlawful possession, use or sale of alcoholic beverages or controlled substances on the premises;
(d) A licensee or employee has knowingly allowed prostitution on the premises;
(e) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the license was suspended;
(f) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises at any time the business is open to the public. The term
SEXUAL CONTACT shall have the meaning set forth in KRS 510.010(7);
(g) A licensee or employee has been convicted of an offense listed in division (C)(2)(e)1. for which the time period required in division (C)(2)(e)2. has not elapsed;
(h) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in division (C)(2)e.1., for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(i) A licensee is delinquent in payment of any taxes, fees, utilities, fines, assessments or interest to the City of Hopkinsville, or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business;
(j) A licensee has attempted to assign, transfer or divide a license to operate a sexually oriented business issued under this chapter; or
(k) A licensee or employee commits an offense under division (F).
(2) When the City Clerk revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the City Clerk finds that the basis for revocation has been corrected or abated, the licensee may be granted a license if six months have elapsed since the date the revocation became effective.
(J) Appeal. If the City Clerk denies the issuance of a license, or suspends or revokes a license, he or she shall send to the applicant or licensee, at the address of the business as shown on the most recent application, by certified mail, return receipt requested, written notice of the action and the right of appeal. All appeals of the ordinance shall be to the Christian District Court. The filing of an appeal stays the action of the City Clerk in suspending or revoking a license until the District Court makes a final decision.
(K) Transfer of license. A sexually oriented business license is not transferable, assignable or divisible. Any attempt or purported transfer, assignment or division shall be void.
(Ord. 6-97, passed 4-15-1997)