Section
112.01 Purpose and findings
112.02 Definitions
112.03 Classification
112.04 General restrictions, requirements and conditions for sexually oriented businesses
112.05 Exhibition of sexually explicit films, videos or live entertainment in viewing rooms
112.06 Inspection
112.07 Live performances
112.08 Record-keeping requirements
112.99 Penalty
(A) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the county, and to establish reasonable and uniform regulations relating to sexually oriented businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor the effect of this chapter to condone or legitimize the distribution of obscene material.
(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in reports made available to the Fiscal Court, and on findings incorporated in the case of Renton vs. Play Time Theaters, Inc., 475 U.S. 41 (1986), Young vs. American Mini Theaters, 426 U.S. 50 (1976), and Barnes vs. Glen Theater. Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to, Phoenix, Arizona, Minnesota; Houston, Texas; Indianapolis, Indiana; Amanita, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; as well as on findings from the report of Attorney General’s Working Group on the regulation of sexually oriented businesses (June 6, 1989, State of Minnesota), the Fiscal Court finds the following.
(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of such establishments. Further, there is presently no mechanism to ensure that the owners of those establishments for the activities that occur on their premises.
(2) Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidents of certain types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows.
(4) Offering and providing space for such activities encourages occurrences thereof and thereby unhealthy conditions.
(5) Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses.
(7) Since 1981 and to the present, there have been an increasing, cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States; and, through December, 2001, there have been 1,284,059 reported cases of AIDS in the United States.
(8) As of December 31, 2003, there have been 4,071 reported cases of AIDS in the Commonwealth of Kentucky.
(9) According to the best scientific evidence, AIDS and HIV infection, like syphilis and gonorrhea, are principally transmitted by sexual acts.
(10) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities.
(11) Numerous studies and reports have been determined that semen is found in the areas of sexually oriented businesses where persons view adult oriented films.
(12) The findings noted in divisions (B)(1) through (B)(12) above raise substantial governmental concerns.
(13) Sexually oriented businesses, especially premises with adult booths, have operational characteristics which engender substantial government concerns.
(14) Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advance a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
(15) The general welfare, health and safety of the citizens of the county will be promoted by the enactment of this chapter.
(Ord. passed 6-14-2005)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT ARCADE. Any place to which the public is permitted or invited wherein coin operated, slug operated or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disk players, or other image producing devices are regularly maintained to display 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.
ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be characterized as ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE, so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishments which regularly features:
(1) Persons who appear in a state of nudity or semi-nude;
(2) Live performances 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, characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way advertising the availability of such adult-type photographic reproductions;
(2) Offers a sleeping room for rent for a period of less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of less than ten hours.
ADULT MOTION THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown and characterized by the dominant depiction or description of specified sexual activities or specified anatomical areas.
ADULT STAGE SHOW THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances characterized by the exposure of specified anatomical areas or specified sexual activities.
COUNTY. The County of Lincoln, Kentucky.
EMPLOYEE. Any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not said person is paid a salary, wage or other compensation by the operator of said business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ENTERTAINER. Any person who provides sexually oriented entertainment in a sexually oriented business, whether or not an employee of the business and whether or not a fee is charged or accepted for such entertainment.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT. Any sexually oriented business, whether existing or the opening of such business; the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; and the addition to any sexually oriented business.
MANAGER. Any person who manages, directs, administers or is in charge of the affairs and/or the conduct of a sexually oriented business.
NUDE, NUDITY or a STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
SEMI-NUDE or in a SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ACTIVITIES. Depiction of human genitals in a state of sexual stimulation, active human masturbation, sexual intercourse or sodomy, or holding or erotic touching of human genitals, pubic region, buttocks or breasts.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal 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 semi-nude.
SEXUALLY ORIENTED BUSINESS. An adult amusement arcade, adult book store, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult stage theater, escort agency or sexual encounter center.
(Ord. passed 6-14-2005)
Sexually oriented businesses are classified as follows:
(A) Adult amusement arcades;
(B) Adult book stores, adult novelty stores or adult video stores;
(C) Adult cabarets;
(D) Adult motels;
(E) Adult motion picture theaters;
(F) Adult stage theaters;
(G) Escort agencies; and
(H) Sexual encounter centers.
(Ord. passed 6-14-2005)
Loading...