For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATE. Any person who controls, is controlled by, or is under common control with a licensee, including a person who, whether disclosed or not:
(1) Is a general partner, a limited partner, officer, director or employer of the applicant or licensee; or
(2) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies of the voting interest in the licensee or the applicant; or
(3) Controls the election of a majority of the directors of the licensee or general partner of the licensee; or
(4) Has contributed any capital to the licensee or applicant, unless the contribution is secured by collateral, the value of which is equal to the amount of the contribution, and unless there is a promise to repay the contribution on a strict schedule regardless of the earnings, profits or receipts, and said promise is kept within the limits of commercial banking practices;
(5) Sponsors, procures or pays for advertisements, pays for or is contractually liable for telephone services, or promises or advances, loans, or expends any money to pay license fees, office or start-up expenses without collateral and a promise to repay as is required in subsection (4) of this definition.
CODE ENFORCEMENT BOARD.
The Code Enforcement Board as set out in §§ 32.275 et seq.
COMPLETELY NUDE OR COMPLETE NUDITY.
The showing of any part or portion of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage or the showing of the female breast without any covering of any part of the nipple and areola.
DIRECTOR.
The Director of the Department of Inspections, Permits and Licenses or his or her designee or the chief administrative officer of any successor department, division or agency of Metro Government which assumes the administrative functions of the current Department of Inspections, Permits and Licenses.
EMPLOYMENT.
Working or performing services as an agent, employee or contractor of an escort bureau.
ESCORT. A person who is held out to the public to be available for hire and who for monetary consideration in the form of a fee, commission or salary, to consort with, or accompanies or who offers, for monetary consideration, to consort, or accompany, another or others to or about social affairs, entertainments or places of amusement or within any place of public resort or within any private quarters.
(1) SERVICE ORIENTED ESCORT. An escort which:
(a) Operates from an open office; and
(b) Does not employ or use an escort runner; and
(c) Does not advertise that sexual conduct will be provided to the patron or work for an escort bureau which so advertises; and
(d) Does not offer or provide sexual conduct; and
(e) Works for, as an agent, employee, contractor or is referred to a patron by a service oriented bureau.
(2) SEXUALLY ORIENTED ESCORT. An escort which:
(a) Employs as an employee, agent or independent contractor an escort bureau runner; or
(b) Works for, as an agent, employee, contractor or is referred to a patron by a sexually oriented bureau; or
(c) Advertises that sexual conduct will be provided, or works for, as an employee, agent or independent contractor, or is referred to a patron by an escort bureau which so advertises; or
(d) Solicits, offers to provide or does provide acts of sexual conduct to an escort patron, or accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort bureau; or
(e) Works as an escort without having a current work identification card issued for the referring escort bureau in his or her possession at all times while working as an escort; or
(f) Accepts a fee from a patron who has not first been delivered a contract; or
(g) Touches an escort patron or an escort patron's clothing while completely nude or partially nude.
ESCORT BUREAU. A person, as defined herein, which 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.
(1) SERVICE ORIENTED ESCORT BUREAU. An escort bureau which:
(a) Maintains an open office at an established place of business; and
(b) Employs or provides only escorts which possess work identification cards; and
(c) Does not use an escort bureau runner; and
(d) Does not advertise that sexual conduct will be provided to a patron.
(2) SEXUALLY ORIENTED ESCORT BUREAU. An escort bureau which:
(a) Operates in any of the following manners:
1. Engages in fraudulent, misleading and deceptive advertising designed to make the prospective client believe that acts of prostitution will be provided; or
2. Collects money in advance for the promise of acts of prostitution and refuses to provide same unless additional money is paid to the escort as a tip, token or gratuity; or
3. Uses as escorts, persons known by them to have violated the law regarding prostitution; or
4. Operates the escort bureau as a “call girl” prostitution operation.
(b) Does not maintain an open office; or
(c) Employs as an employee, agent or independent contractor, an escort bureau runner; or
(d) Advertises that sexual conduct will be provided, or that escorts which provide such sexual conduct will be provided, referred or introduced to a patron; or
(e) Solicits, offers to provide or does provide acts of sexual conduct to an escort patron; or
(f) Employs, contracts with or provides or refers escorts who do not possess work identification cards as required herein; or
(g) Does not deliver contracts to every patron or customer; or
(h) Employs or contracts with a sexually oriented escort or refers or provides to a patron, a sexually oriented escort.
ESCORT BUREAU RUNNER. Any third person, not an escort, who for a salary, fee, hire, reward or profit, acts as the agent for an escort bureau or a patron by contacting or meeting with escort patrons or escort bureaus at any location other than the established open office whether or not said person is employed by such escort bureau or by another business or is self-employed.
ESCORT PATRON.
A customer or any person who contracts with, or employs, or for monetary consideration hires an escort bureau or escort or any other person who is the recipient of conduct performed by an escort under contract for services.
LICENSEE.
A person in whose name a license to operate an escort bureau has been issued, as well as the individual or individuals listed as an applicant on the application for an escort bureau license. In case of an escort, it shall mean the person in whose name the work identification card has been issued.
METRO GOVERNMENT.
Louisville/Jefferson County Metro Government.
METRO LOUISVILLE.
The geographic boundaries of Jefferson County, Kentucky.
OFFER TO PROVIDE ACTS OF SEXUAL CONDUCT. To offer, propose or to 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.
OPEN OFFICE.
An office at the licensed escort bureau address in Metro Louisville from which escort business is transacted; to qualify as an open office it is required that:
(1) The office be open to the public and patrons or prospective patrons from 9:00 a.m. until 7:00 p.m. on the days in which an escort bureau is in operation and that the office be accessible to business invitees, business license officials and law enforcement officers during all other hours that escorts are working;
(2) The office be managed by the owner or a management employee of the owner having authority to bind the bureau to escort and patron contracts and adjust patron and consumer complaints;
(3) All telephone lines and numbers listed to the escort bureau, or advertised as escort bureau numbers terminate at the open office and at no other location;
(4) An index of all employees and escorts and their work card numbers be kept in the open office;
(5) All business records be kept at the open office which records shall include, at a minimum, all records of all escort calls and referrals, stating the name and address, including hotel or motel room, of the patron, the date and time of referral, name of escort sent and whether or not the referral resulted in an escort service and the total fee received from the patron, if any;
(6) The office be in conformity with § 125.07(F); and
(7) The office be located in a location in which escort bureaus are permitted to locate under the applicable zoning regulations of Metro Government.
PARTIALLY NUDE OR PARTIAL NUDITY.
The showing of the male or female buttocks, or the showing of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portions of the cleavage of the human female breasts except for those portions of the cleavage of the human female breasts from the middle of the split between the breasts to vertical lines extending downward from the edges of the areola closest to the split.
PERSON. Any individual, partnership, limited partnership, firm, corporation or association in fact.
PRINCIPAL.
Any person owning, directly or beneficially, 20% of a corporation's equity securities, 20% or more of the membership interests in a limited liability company, or, in the case of any other legal entity, 20% or more of the interests in the entity.
SEXUAL CONDUCT.
The engaging in or the commission of an act of sexual intercourse, masturbation, oral/genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of another person for the purpose of arousing or gratifying the sexual desire or appetites of another person or the touching of an escort patron or an escort patron's clothing by an escort while partially or completely nude.
SEXUAL GRATIFICATION. See SEXUAL CONDUCT.
SEXUALLY ORIENTED ACTS. See SEXUAL CONDUCT.
SPECIFIED CRIMINAL ACTIVITIES.
Any of the following offenses:
(1) KRS 510.040, 510.050, or 510.060 (rape in the first, second, or third degree); KRS 510.070, 510.080, or 510.090 (sodomy in the first, second, or third degree); KRS 510.110, 510.120, or 510.130 (sexual abuse in the first, second, or third degree); KRS 510.140 (sexual misconduct); KRS 510.150 (indecent exposure); KRS 517.050 (falsifying business records); KRS 529.020, 529.030, 529.040, or 529.050 (prostitution, promoting prostitution in the first, second, or third degree); KRS 529.070 (permitting prostitution); KRS 531.020, 531.030, or 531.040 (distributing obscene matter, distributing obscene matter to minors, using minors to distribute obscene matter); KRS 218A.140 et seq. (offenses relating to controlled substances); any offense listed in KRS 531.300 through 531.370 (sexual exploitation of minors offenses); engaging in organized crime (KRS 506.120) relating to a sexually oriented business; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses in other jurisdictions that, if the acts would have constituted any of the foregoing offenses if the acts had been committed in Kentucky; 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.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(1994 Jeff. Code, § 125.03) (Jeff. Ord. 8-1996, adopted and effective 2-27-1996; Jeff. Am. Ord. 4-2001, adopted and effective 3-27-2001; Lou. Metro Am. Ord. No. 92-2004, approved 7-1-2004)