(A) General criteria. The License Inspector shall issue a license authorized by this chapter in accordance with the procedure set out in this section if and only if the License Inspector finds all of the following to be true:
(1) For an establishment license, the owner(s) is 21 years of age or older;
(2) For an individual license, the applicant is 21 years of age or older;
(3) The applicant, and for an establishment license, the owner(s), are current in all taxes, fees, and other amounts on any account, for any purpose, that is due to the county or the city in which they intend to perform or work;
(4) The owner(s), including any spouse of individual owners, manager(s), entertainer(s), or escort(s) have not been convicted of a violation of this chapter (or provisions of a similar ordinance or law in another jurisdiction) within the two years immediately preceding the date of application;
(5) The owner(s), including any spouse of individual owners, manager(s), entertainer(s), or escort(s) have not had a license issued under this chapter (or provisions of a similar ordinance or law in another jurisdiction) revoked within the two years immediately preceding the date of application;
(6) The owner(s), including any spouse of individual owners, manager(s), entertainer(s), or escort(s) are not currently the subject of the suspension of any type of license issued under this chapter (or under a similar ordinance or law in another jurisdiction);
(7) The owner(s), including any spouse of individual owners, manager(s), entertainer(s), or escort(s) are not under confinement for and have not, within the previous five years, been convicted of any felony or misdemeanor involving sexual offenses, rape, statutory rape, or related offenses against a person (as defined in Chapter 510 of the Kentucky Penal Code); or similar statutes in other states; or federal laws addressing similar or related offenses; or federal or state laws in any states addressing controlled substance or illegal drugs or narcotics offenses;
(8) The application is complete, truthful, and accurate;
(9) The application is accompanied by the required fee; and
(10) The owner(s), manager(s), entertainer(s), or escort(s) meet any other applicable criteria under this section.
(B) Specific criteria applicable to all establishment licenses. The License Inspector shall issue a business privilege license for an establishment that is subject to this chapter in accordance with the procedure set out in the following section if and only if the License Inspector finds all of the following to be true:
(1) The owner meets the criteria set forth in division (A) of this section;
(2) The establishment constitutes a permitted use or lawful nonconforming use of the premises, in accordance with the zoning district of the jurisdiction in which it is located and the applicable provisions of the zoning authority for the location;
(3) The proposed premises has adequate off-street parking, as required under the applicable zoning ordinance, for a similar use, whether sexually oriented or not, unless the lack of such off-street parking is a lawful nonconforming situation under the applicable zoning ordinance;
(4) The proposed premises complies with the separation requirements set out in applicable zoning districts;
(5) No department or official of the county or the city in which the business is located has notified the License Inspector of any violations of health, fire, or other county or city codes on the premises where the establishment will operate;
(6) The applicant provides evidence that the owner(s) owns the premises or has a lease giving it control of the premises through the proposed licensing period;
(7) The premises of a sexually oriented entertainment business has:
(a) A stage elevated at least 24 inches above the surrounding floor area, with a minimum area of 100 square feet, and with a horizontal separation of at least 60 inches between the edge of the performance area and the nearest space to which customers shall have access. The horizontal separation shall be physically enforced by a partial wall, rail, or other physical barrier, which may be located either on the stage (to keep the entertainers back from the edge) or on the floor (to keep the customers back from the stage);
(b) The described stage located in an unobstructed room of at least 600 square feet, with a person in any part of such room having a clear view of all entertainment areas;
(c) Dressing rooms for entertainers;
(d) At any time the establishment is open to the public, lighting of at least 20 lumens 36 inches from the floor and above, throughout the portions of the sexually oriented business that are accessible to the public;
(8) The owner(s) has provided the License Inspector with a designated agent for service who can be found in Kenton County during normal business hours; and
(9) No sexually oriented business may be located at a premises with the same entrance, same address, or shared access with another sexually oriented business or with a service-oriented escort bureau licensed under this chapter; no service-oriented escort bureau may be located at a premises with the same entrance, same address, or shared access with a sexually oriented business licensed under this chapter.
(C) Burden of proof. The applicant shall have the burden of proof on each of these issues, except that the applicant's burden regarding issues related to criminal background shall be limited to completing forms provided by the License Inspector on each such person, providing adequate information to allow background checks by law enforcement officials. The applicant's burden shall include providing access for timely inspections by building, health, fire, or other public officials, with reasonable notice, during normal business hours, while the license application is pending; the applicant shall not have the obligation to ensure that such inspections are actually completed.
(Ord. 451.11, passed 1-25-05)