(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Minor. Any person under the age of eighteen (18) or, as may be otherwise phrased, any person of the age of seventeen (17) or under.
(2) Teenage canteen. Commercial premises which are open to minors and which offer their patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or pre-recorded music, or the enjoyment of entertainment provided by dancers or other performers. The term "teenage canteen" does not include the following: premises which serve alcoholic beverages and which are under the jurisdiction of alcohol beverage control; theaters; full-service restaurants; a banquet, party, or celebration conducted for invited guests which is not open to the public; or dances or events sponsored or operated by a government entity, an accredited educational institution, or a nonprofit religious, charitable, benevolent, fraternal, or social organization which is recognized by the United States of America as being exempt from federal taxation.
(b) No person shall conduct or operate a teenage canteen unless the person who is conducting or operating such teenage canteen has obtained a license in accordance with the provisions of this section.
(c) A person desiring to conduct or operate a teenage canteen shall file an application for a license with the division of police. Such applications shall be on a standard form furnished by the division of police and shall include the following information:
(1) The names and address of the applicant;
(2) The names and addresses of the operator, manager and employees of the teenage canteen;
(3) The name and address of the owner of the premises upon which the teenage canteen will be located;
(4) If the answers to subsections (c)(1), (2) and (3) of this section involve an unincorporated association, a corporation or a partnership, the name of the unincorporated association, corporation or partnership and the names and addresses of the limited partners, partners, officers and directors thereof;
(5) The address of the premises upon which the teenage canteen will be located;
(6) A statement of any and all measures to be used to ensure that adequate traffic control and crown protection, both with and without the premises, will be maintained;
(7) A certificate from the division of building inspection that all of the requirements of the zoning ordinance and the building code have been met;
(8) A certification from the chief of the division of fire and emergency services that the premises and the structure located thereon comply with the requirements of the existing fire prevention ordinances of the urban county government, including the standards of safety adopted by the urban county government and all other laws relative to fire prevention. Said certification shall also state the maximum capacity of people authorized by the Lexington-Fayette fire marshal for the premises;
(9) An oath or affirmation that the information listed is true under penalty or perjury.
(d) The division of police shall, within thirty (30) days of receipt of a completed application form, make a complete review of the accuracy of the information contained therein, including a criminal records check on any individuals named therein. If the application is approved, the division of police shall provide the applicant with such written notification, for presentation to the division of revenue. The division of revenue shall issue the license if the application is approved and collect a fee of two hundred dollars ($200.00) from the applicant. If the application is denied, the division of police shall provide the applicant with such written notification, including a statement of the reasons for denial. An aggrieved applicant shall have a right to request a hearing before the chief administrative officer as set forth in subsection (m).
(e) The division of police shall deny a license if:
(1) The applicant or any of the applicant's officers, directors, partners, operators, employees or any other person involved in the operation of the teenage canteen are not of good moral character or have committed any act which if committed by a licensee would be grounds for the suspension or revocation of a teenage canteen license; or
(2) The traffic control and crowd protection measures listed in the application are not adequate.
(f) Any license issued under the provisions of this section shall apply to a single licensee and to a single location only and shall not be transferable to other locations or other persons.
(g) Before commencing or doing any business for the time for which a license has been issued, the license shall be posted and at all times displayed in a conspicuous place in the room or principal room where business is carried on, so that all persons visiting the place may readily see the license. Licenses shall be enclosed in a wood or metal frame enclosing a clear glass space so that the whole license may be seen.
(h) Each license issued by the commissioner of public safety shall be valid for a period of one (1) year.
(i) A license issued pursuant to this section may be suspended or revoked upon a finding that any one (1) or more of the following conditions exist:
(1) The license was procured by fraud or false representation or omission of a material fact in the license application.
(2) The applicant or licensee or any officer, director or agent thereof knowingly has made any false statement or given any false information in connection with an application for a license or a renewal of a license;
(3) The licensee or employee, agent, partner, director, officer or manager thereof has knowingly allowed or permitted: (i) a felony to occur in or upon the teenage canteen premises; (ii) a crime involving prostitution, lewd conduct or assault on a minor to occur in or upon the teenage canteen premises; (iii) any act of or solicitation for sexual intercourse, sodomy, oral copulation or masturbation to be committed in or upon the teenage canteen premises; (iv) the possession or consumption of marijuana, cocaine or any other controlled substances in or upon the teenage canteen premises, or has knowingly failed to remove from such premises any person who appears to be under the influence of or affected by the use of any controlled substances or whose conduct poses a physical danger to the safety of others present; or (v) a violation of any provisions of this section or the commission of any act by any employee, agent, manager, partner, or director thereof which is grounds for denial of a license issued pursuant to this section.
(j) No person conducting or operating a teenage canteen shall permit any person, other than an employee, to leave the teenage canteen and return unless that person pays a readmission fee equal to or greater than one-half (1/2) the original price of admission.
(k) No premise which operates as a teenage canteen shall be operated or otherwise be open for any other purpose during the following hours:
12:30 a.m. to 5:00 a.m. Saturday
12:30 a.m. to 5:00 a.m. Sunday
10:30 p.m. Sunday to 5:00 a.m. Monday
10:30 p.m. Monday to 5:00 a.m. Tuesday
10:30 p.m. Tuesday to 5:00 a.m. Wednesday
10:30 p.m. Wednesday to 5:00 a.m. Thursday
10:30 p.m. Thursday to 5:00 a.m. Friday
and the exclusion or attempted exclusion of minors during the above-mentioned prohibited hours shall not relieve any person operating a teenage canteen from this prohibition.
(l) The application for or the granting of a license is deemed to permit periodic inspections by law enforcement officers, or other persons designated or authorized by the commissioner of public safety, of all areas of any establishment requiring a license under this section for the purpose of verifying compliance with the terms and conditions of this section. It shall be unlawful for an applicant, licensee, owner or operator of a teenage canteen to refuse to permit a law enforcement officer or other authorized person to inspect the premises during normal business hours.
(m) If the commissioner of public safety determines that grounds exist to deny, suspend, or revoke a teenage canteen 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 person and 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 shall 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 or her decision by certified mail. If a licensee pursues a judicial appeal of a final decision of the chief administrative officer or his designee, then that licensee may continue to operate or work pending the completion of judicial review.
(n) Any person operating a teenage canteen in violation of this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) per offense. Each day during which such violation shall continue or occur shall be considered a separate offense.
(Ord. No. 64-96, § 1, 5-2-96; Ord. No. 241-2000, § 1, 7-13-00)