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(a) Definitions:
(1) Amusement arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, computers or other image producing devices are maintained to show images to five (5) 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" as herein defined.
(2) Specified sexual activities means:
a. Human genitals in a state of sexual stimulation or arousal.
b. Acts of human masturbation, sexual intercourse, sodomy, oral sex, real or simulated, fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts, or sexual contact between humans and animals.
(3) Film or video viewing device means any electrical or mechanical device or computer which projects or displays any film or videotape, computer disk or reproduction, the temporary use of which is contingent upon the payment of some consideration and which use is to occur upon the premises where the device is located.
(4) Adult cabaret or adult dancing establishment means an establishment which features, as one of its principal business uses or as a regular use of its business, employees, agents, servants, independent contractors or entertainers, either male or female, who appear in public view of the patrons of the establishment at any time in a nearly nude state, as defined in subsection (a)(8) herein, including but not limited to go-go dancers, exotic or erotic dancers, strippers, male or female impersonators, or similar entertainers.
(5) Adult entertainment establishment means an "adult cabaret", "adult dancing establishment" or "sexual entertainment center".
(6) Adult entertainer means any person who appears in public view of the patrons of an adult entertainment establishment at any time in a nearly nude state, as defined in subsection (a)(8) herein, including but not limited to go-go dancers, exotic or erotic dancers, strippers, male or female impersonators, or similar entertainers. "Adult entertainment employee" means any individual working or performing services in any adult entertainment establishment, including any independent contractor who provides services on behalf of any adult entertainment establishment to or for the patrons of such business, but this does not include janitors, cooks, accountants, or other employees who do not have direct contact with patrons. Adult entertainment employees include, but are not limited to, dancers, bouncers, doormen, bartenders, and waiters working on the premises of adult entertainment establishments.
(7) Sexual entertainment center means any establishment, not otherwise specifically defined in this section, which regularly makes available to or for patrons of such businesses material, services, or entertainment appealing to "adult sexual interests", including but not limited to a public bath house, a public swingers' club, or similar public establishment if the establishment or its entertainment, services, or goods are offered or provided by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests. Entertainment appealing to adult sexual interests, for purposes of sections 14-13 through 14-13.3 of this Code, shall mean any exhibition, live performance, display or dance of any type which has as a significant or substantial portion of such performance any "specified sexual activities", as defined in subsection (a)(2) herein, or the exhibition of any person or persons in a nearly nude state, as defined by subsection (a)(8).
(8) Nearly nude. A person is nearly nude when that person appears in public at any time in a state of dress or attire in which no more than the anus, genitals, pubic region, and areola of the female breast are opaquely covered. "Nearly nude" shall include, but not be limited to, the state of female dress or attire commonly known as "pasties" and "g-string" or "thong" whether or not worn in combination with accessory clothing such as gloves, hats, shoes, jewelry, stockings, and similar accessory garments.
(9) Nude. A person is nude when that person appears in such a manner as to expose to public view the anus, genitals, pubic region, or areola of the female breast.
(10) Entertainment area means an area in an adult entertainment establishment consisting of a platform or other structure raised not less than eighteen (18) inches above the immediately surrounding main floor area.
(11) Escort means any person who for monetary consideration in the form of a fee, commission or salary, is hired, or is held out to the public as available for hire, to consort with or to accompany another or others to social affairs, places of amusement or entertainment within any place of public resort or within private quarters.
(12) Escort agency means any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.
(13) Escort agency runner means any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either a sexually oriented escort or a sexually oriented escort agency, or a patron, contacts or meets with escort patrons or an escort or an escort agency at any location other than the established open office, as defined in subsection (16) herein, whether that person isemployed by the escort, the escort agency, or any business, or is self-employed.
(14) Offer to provide acts of sexual conduct means to offer, propose or solicit to provide sexual conduct to a patron. Such definition includes all conversations, advertisements, and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.
(15) Sexual conduct means engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of amusing or gratifying sexual desire of another person.
(16) Open office means an office at the established place of business of a licensed escort agency from which escort business is transacted.
(17) Sexual gratification means sexual conduct as defined in subsection (15) herein.
(18) Sexual stimulation means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined in subsection (15) herein.
(19) Sexually oriented acts means sexual conduct as defined in subsection (15) herein.
(20) Sexually oriented escort means an escort who:
a. Employs an escort agency runner as an employee, agent, or independent contractor;
b. Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort agency;
c. Advertises, either directly or by implication, that sexual conduct will be provided or works for, as an agent, employee, or independent contractor, or is referred to a patron by an escort agency which so advertises;
d. Solicits, offers, agrees to provide or provides acts of sexual conduct to a patron; or
e. Accepts an offer of solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort agency.
(21) Sexually oriented escort agency means an escort agency which:
a. Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided;
b. Uses as escorts persons known to have been convicted of crimes involving prostitution or solicitation for prostitution;
c. Does not maintain an open office;
d. Uses an escort agency runner as an employee, agent or independent contractor;
e. Advertises, either directly or by implication, that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron;
f. Solicits, offers or agrees to provide or provides acts of sexual conduct to a patron;
g. Employs, contracts with, or provides or refers escorts who do not possess an escort license;
h. Does not deliver contracts to every patron or customer; or
i. Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.
(22) Service oriented escort means an escort who:
a. Operates from an open office;
b. Does not employ or use an escort agency runner;
c. Does not advertise, either directly or by implication, that sexual conduct will be provided or work for an escort agency that so advertises;
d. Does not offer, solicit, agree to provide, or provide sexual conduct; and
e. Is licensed as an escort.
(23) Service oriented escort agency means an escort agency which:
a. Maintains an open office;
b. Does not use an escort agency runner;
c. Does not advertise, either directly or by implication, that sexual conduct will be provided to a patron, or offer, solicit, agree to provide, or provide sexual conduct to a patron; and
d. Employs or provides only licensed escorts.
(b) Film or video viewing device specifications and requirements:
(1) Any amusement arcade containing film or video viewing devices shall comply with the requirements of subsection (b)(2) herein if the material exhibited by the devices depicts any of the specified sexual activities defined in subsection (a)(2).
(2) Each device and every viewing booth for all film or video devices must comply with all of the following:
a. Be visible from a well-illuminated continuous main aisle;
b. Not be obscured by any curtain, door or other enclosure;
c. All side or rear walls must be without holes or openings;
d. Shall not be occupied by more than one patron at a time;
e. Be illuminated by a light bulb of a wattage of no less than 25 watts.
(3) No owner, operator, employee, or agent of an amusement arcade shall violate this section and/or allow and/or permit a violation thereof to occur.
(4) No patron of an amusement arcade shall violate subsection (b)(2)d. above.
(5) Each violation of any provision of this section is subject to a fine of between one hundred dollars ($100.00) to five hundred dollars ($500.00) and/or imprisonment for a term not to exceed twelve (12) months in jail.
(Ord. No. 1-96, § 1, 1-11-96; Ord. No. 56-97, § 1, 4-3-97; Ord. No. 152-97, § 1, 7-10-97; Ord. No. 241-97, § 1, 11-20-97; Ord. No. 47-99, § 1, 3-2-99; Ord. No. 260-99, § 1, 9-23-99)
(a) General requirements. In addition to the licensing and other general requirements contained in this Code relating to adult entertainment establishments, each adult entertainment establishment shall comply with the following requirements:
(1) Nude activity. No person shall, while on the premises of any adult entertainment establishment, perform or appear while nude.
(2) Prohibited activities. No person, while on the premises of any adult entertainment establishment, shall engage in, or simulate any specified sexual activities.
(3) Entertainment area. No person in an adult entertainment establishment shall engage in any form of entertainment or dancing except while said person is positioned in or occupying an entertainment area, as defined in section 14-13(10) of this Code, and while the person so dancing, performing, displaying or exhibiting is positioned not less than six (6) feet from any patron or spectator.
(4) Entertainment area exclusion. No spectator, patron, or persons other than a licensed adult entertainer shall be present in an entertainment area, as defined in section 14-13(a)(10) of the Code, during the course of any adult entertainment, dancing, or performance.
(5) Physical contact prohibition. While on the premises of an adult entertainment establishment, no adult entertainment employee shall be permitted to have any physical contact with any other adult entertainment employee, other employee, patron or spectator while that adult entertainment employee is entertaining, dancing, or performing and all such performances shall occur only in an entertainment area. An adult entertainment employee shall not touch the breast, buttocks, or genitals of any patron, spectator, or other adult entertainment employee and no patron or spectator shall touch the breast, buttocks, or genitals of any adult entertainment employee or another patron or spectator while on the premises of the adult entertainment establishment.
(6) Age restriction. No person under eighteen (18) years of age shall be permitted in an adult entertainment establishment.
(7) Business hours. No adult entertainment establishment shall be open for business between the hours of 1:00 a.m. and 3:00 p.m., Monday through Sunday.
(8) Adult entertainer. No owner or operator of an adult entertainment establishment shall permit an unlicensed adult entertainer to work or perform services in its adult entertainment establishment.
(b) Penalty. Any person who shall violate any of the provisions of section 14-13.1 shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for a period of not more than twelve (12) months, or both so fined and imprisoned.
(Ord. No. 56-97, § 2, 4-3-97; Ord. No. 152-97, § 2, 7-10-97; Ord. No. 241-97, § 2, 11-20-97; Ord. No. 47-99, § 2, 3-2-99)
(a) General requirements. No person shall own an adult entertainment establishment as defined in section 14-13 of the Code without an adult entertainment establishment license. No person shall operate an unlicensed adult entertainment establishment.
(b) The owner of an adult entertainment establishment shall apply for a license with the department of public safety. Such application shall be in writing shall be in the form prescribed by the commissioner of the department of public safety, and shall contain 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 or tax identification number of the owner and 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 (10) percent or more of the partnership, corporation, limited liability corporation or company, or limited liability partnership that is the owner of the 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 applicant 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 all persons 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 of insuring compliance with section 14-13.1(a)(6) of this Code shall be included in this subsection.
(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 undertake to keep the applicant, if licensed, at all times in compliance with the restrictions, requirements, and conditions of sections 14-13.1, 14-13.2 and 14-13.3 of this Code together with the written statement of the individual stating that he has received a copy of sections 14-13 through 14-13.3 of this Code and that he 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 stating that he has received a copy of Sections 14-13 through 14-13.3 of this Code and that he willfully undertakes on behalf of the applicant to comply with the requirements therein pertaining to the disclosure of information.
(7) The name and address of any rental agent of the property on which the establishment is located.
(8) The nature of the activity or activities to be engaged in at such location.
(9) 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 (5) years for the offenses listed in section 14-13.2(e)(2) of this Code. Any such person who is on parole shall submit with the application the terms of such parole.
(10) 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.
(c) Supplemental information. The information required by subsection (b) of this section shall be at all times current even after the granting of the adult entertainment license. It shall be the responsibility of the owner or other person designated in the license application to notify the commissioner in writing, no later than forty-eight (48) hours after the effective date of any change, alteration or modification in any information contained in the application.
(d) Review process. The commissioner of public safety or his designee shall inspect the premises within fifteen (15) days after the application has been submitted. The commissioner shall issue a license if all restrictions, requirements, conditions and all applicable requirements of this Code and other applicable laws have been met. The commissioner 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:
(1) Is less than eighteen (18) years of age;
(2) Has been convicted of any of the following offenses within the last 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 and indecent exposure;
e. Distribution of obscene material to a minor, use of a minor to produce, promote, or distribute obscene material, advertising obscene material, promoting the sale of obscenity; or
f. Unlawful transaction with a minor (as defined in KRS Chapter 530 or other similar laws) use of a minor in a sexual performance, promoting a sexual performance by a minor, or possession of or advertising matter portraying a sexual performance by a minor; or
g. Murder, manslaughter, or the felony assault (as defined in KRS Chapters 507 or 508 or similar laws); or
(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 urban county government and has failed to correct such violation as provided in section 14-13.2(f) of this Code.
(f) Notice. If the commissioner's inspection reveals a failure to comply with any provisions of this Code, the commissioner 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 appeal procedure if the applicant does not agree with the commissioner's decision or finding.
(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 is deemed to occur when the business is sold, leased or subleased; when the securities which constitute a controlling interest in the business are sold or otherwise exchanged; or a trust, gift, or other similar legal device is established which transfers the ownership or control of the business, except for a transfer by bequest or other operation of law upon the death of the natural person possessing the ownership or control of the business.
(h) Access to licensed premises. The application for or the granting of an adult entertainment establishment license is deemed to permit periodic inspections by law enforcement officers, or other persons designated or authorized by the commissioner, of all areas of any establishment requiring a license under section 14-13.1 of this Code for the purpose of verifying compliance with the terms and conditions of sections 14-13.1 through 14-13.3 of this Code. It shall be unlawful for an applicant, licensee, owner or operator of an adult entertainment establishment to refuse to permit a law enforcement officer or authorized person to inspect the premises at any time during normal business hours of the establishment.
(i) Application and license fee. Concurrent with the submission of a license application, the applicant shall pay to the division of revenue a nonrefundable fee of one hundred dollars ($100.00). Every adult entertainment establishment shall pay to the division of revenue an annual license fee of six hundred dollars ($600.00), which fee is due and payable upon the issuance of a license and on or before January 1 of each year thereafter.
(j) Expiration. Each license shall expire on December 31 of each calendar year, unless earlier suspended or revoked. A license shall be renewed as a matter of course upon payment of the annual license fee provided that it is paid on or before January 1 of each year thereafter.
(k) Suspension. The commissioner may suspend an adult entertainment establishment license for a period not to exceed thirty (30) days if the commissioner determines that the applicant, owner, operator or an employee thereof has violated any provisions of sections 14-13 through 14-13.3 of this Code, 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 premises, or has knowingly permitted any violation of state law to occur on the premises.
(l) Revocation. The commissioner shall revoke an adult entertainment license if the commissioner determines that:
(1) Cause for suspension under subsection (k) above 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 substances 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 subsection (e) above to occur on the premises.
(m) Hearing for denial, suspension or revocation; appeal. If the commissioner determines that grounds exist to deny, suspend, or revoke an adult entertainment license, he shall notify the applicant or licensee in writing of his intent to deny, suspend or revoke, including the grounds therefore. The notice shall be sent to the applicant or licensee by certified mail to the owner 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 commissioner, in writing, a response which shall include a statement of reasons why the license should not be denied, suspended or revoked and may include a request for a hearing. If a response is not timely received by the commissioner, the notice shall be a final administrative act of denial, suspension or revocation. If a timely response is received by the commissioner he shall within three (3) business days of his 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 chief administrative officer or his designee and shall give notice of such hearing to the applicant or licensee. The hearing shall be informal in nature and shall be conducted within seven (7) business days of the commissioner's receipt of the applicant's or licensee's response. The chief administrative officer or his designee shall render a written decision within three (3) business days after the completion of the hearing and shall serve the applicant or licensee with a copy of his decision by certified mail. The applicant or licensee may appeal a decision of the chief administrative officer or his designee to the Fayette Circuit Court after receipt of the written notice of the decision. If an applicant or licensee pursues a judicial appeal of a final decision of the chief administrative officer or his designee, then that licensee or applicant may continue to operate or work pending the completion of judicial review.
(n) Penalty. Any person who shall violate any of the provisions of section 14-13.2 of this Code, shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for a period of not more than twelve (12) months, or both so fined and imprisoned.
(Ord. No. 56-97, § 3, 4-3-97; Ord. No. 152-97, § 3, 7-10-97; Ord. No. 241-97, § 3, 11-20-97; Ord. No. 47-99, § 3, 3-2-99)
(a) General requirement. Any person who is or intends to be employed or working in any capacity, whether as an employee, working proprietor or independent contractor, in an adult entertainment establishment as an adult entertainer, as defined by section 14-13(a)(6) of this Code, shall obtain an adult entertainer license. The person seeking an adult entertainer license shall apply for a license with the department of public safety. Such application shall be in writing, shall be in the form prescribed by the commissioner of the department of public safety and shall contain the following information:
(1) The name, including any other name or alias used by the applicant (e.g. "stage name"); present residence and business address; present residence and business telephone number; date and place of birth; social security number; date, issuing state and number of drivers' license; height, weight, hair and eye color; a description of any distinguishing marks or tatoos; and a recent photograph of the applicant.
(3) A statement detailing the applicant's work history for the five (5) year period immediately preceding the date of the filing of the application, including whether the applicant previously operated or was employed in an adult entertainment establishment; whether the applicant has ever had an adult entertainer or other similar license denied, revoked or suspended. In the event of any such denial, revocation, or suspension, the applicant shall list the name of the issuing or denying jurisdiction, and state in full the reason for the denial, revocation or suspension.
(4) A criminal record report for the applicant together with a statement whether within the last five (5) years the applicant has been convicted of any criminal activity described in section 14-13.2(e)(2) and, if so, the specific criminal activity involved and the date, place and jurisdiction where such conviction occurred.
(b) Issuance process. The commissioner shall issue an adult entertainer license to an applicant if all provisions of this code and other applicable laws have been met. The commissioner shall conduct an investigation to determine whether the applicant has met all requirements for issuance of a license. The commissioner shall grant or deny a license application within ten (10) days of the filing of such application. The review, denial, suspension, revocation and appeal procedure for the issuance of an adult entertainment establishment license in section 14-13.2 shall be the process for review, denial, suspension, revocation and appeal for an adult entertainer license.
(c) License prohibitions. No adult entertainer license shall be issued if the applicant is less than eighteen (18) years of age or has been convicted of any of the offenses listed in section 14-13.2(e)(2) within the last five (5) years preceding the date of his application.
(d) Application and license fees. Concurrent with the submission of his license application, the applicant shall pay to the division of revenue a nonrefundable fee of twenty-five dollars ($25.00). An annual license fee of one hundred dollars ($100.00) shall be paid to the division of revenue prior to the issuance of the license. Each adult entertainer license shall expire on December 31 of each calendar year, unless earlier suspended or revoked. A license shall be renewed as a matter of course upon payment of the annual license fee provided that it is paid on or before January 1 of each year thereafter.
(e) Penalty. Any person who violates any of the provisions of section 14-13.3 of this Code shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for a period of not more than twelve (12) months, or both so fined and imprisoned.
(Ord. No. 56-97, § 4, 4-3-97; Ord. No. 152-97, § 4, 7-10-97; Ord. No. 241-97, § 4, 11-20-97; Ord. No. 47-99, § 4, 3-2-99)
Any adult entertainment establishment existing and operating as of March 11, 1999, shall apply for a license pursuant to section 14-13.2(b) within thirty (30) days of said date. After submission of an application, said establishment shall be permitted to operate pending the issuance of a license or the entry of a final decision or order denying its application, whichever comes first. Notwithstanding this permission for continued operation, every adult entertainment establishment shall comply with the requirements of section 14-13.1(a)(1)-(7). Any person who is employed by or working in an adult entertainment establishment as an adult entertainer as of March 11, 1999, shall apply for a license pursuant to section 14-13.3 within thirty (30) days of said date and, after submission of an application, shall be permitted to continue to work in such establishment pending the issuance of a license or the entry of a final decision or order denying his application, whichever comes first. Notwithstanding this permitted continued employment, every adult entertainer shall comply with the requirements of section 14-13.1(a)(1)-(7). No adult entertainment establishment shall operate and no adult entertainer shall work in an adult entertainment establishment beyond the thirty (30) day application period unless an application for licensing has been submitted as required herein.
(Ord. No. 152-97, § 5, 7-10-97; Ord. No. 47-99, § 5, 3-2-94)
Editor's note(s)—Section 5 of Ord. No. 152-97, adopted July 10, 1997, did not specifically amend this Code; hence, codification of § 5 of said ordinance as § 14-13.4 was herein included at the editor's discretion.
(a) General requirements. No person shall own or operate an escort agency as defined in section 14-13(a) of the Code without an escort agency license. The owner of an escort agency shall apply for a license by complying with the license process and requirements in section 14-13.2(a) and section 14-13.2(b)(1)—(4) and (7)—(10) of the Code.
(c) Prohibitions. No escort agency license shall be issued if the applicant or any owner, director, partner, majority shareholder, or management employee of the escort agency is less than eighteen (18) years of age or has been convicted of any of the offenses listed in section 14-3.2(e)(2) of the Code within the last five (5) years.
(d) Other applicable sections. The requirements of section 14-13.2(c), (e)(3), (f), (g), (h), payment of the nonrefundable application fee in (i), and (j) of the Code shall also apply to escort agencies.
(e) Additional requirements. The license application shall contain the following information about the applicant, the person or persons having the greatest ownership interest in the applicant, any authorized local agents of the applicant and any management employee of the applicant:
(1) Each residence and business address for the five-year period immediately preceding the date of filing of the application and the inclusive dates of such address;
(2) A copy of a valid driver's license;
(3) Proof that the applicant, local agent and managing employee are at least eighteen (18) years of age;
(4) Height, weight, color of eyes, color of hair and date of birth;
(5) Two (2) current two (2) feet by two (2) feet color photographs of the applicant, local agent and managing employee;
(6) The business, occupation, or employment history of the applicant for the three-year period immediately preceding the date of filing of the application;
(7) Information as to whether such individual or business has ever been refused any similar license or permit or has had any similar license or permit issued to such individual or business revoked or suspended, and the reason or reasons therefor;
(8) A description of the services to be provided; and
(9) The name, alias and residential address of all persons employed by the applicant as escorts.
(f) Violations. It shall be unlawful for any person to work or perform services as an escort within the urban county unless licensed as an escort. It shall be unlawful for any person to work or perform services as a sexually oriented escort or to own or operate a sexually oriented escort agency, regardless of license.
(g) Penalty. Any person who violates any of the provisions of section 14-13.5 of the Code shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for a period of not more than twelve (12) months, or both fined and imprisoned.
(Ord. No. 260-99, § 2, 9-23-99)
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