(A) Each annual application to the Director for a license to operate a Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing facility shall be in writing, notarized, and shall be in the form prescribed by the Director. The application, at a minimum, shall set forth:
(1) The name, address, phone number, and email address of the applicant;
(2) The names, addresses, and phone numbers of the principal officers, if the applicant is a corporation;
(3) The designation of a registered office and registered agent (who regularly works at the registered office) located in Jefferson County, Kentucky which registered agent shall be its representative for the service of process or notice under this subchapter;
(4) The location for which the permit is desired;
(5) If the applicant is not the owner of record of the real property on which the Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing facility is located or to be located, the application shall include the name and address of the owner of record of the real property, and a copy of lease or other agreement authorizing use of the property by applicant;
(6) The names, addresses, and copies of government issued identification cards of all Homeless Shelter, Rehabilitation Home, or Transitional Housing facility employees known as of the date of application;
(7) For Boarding Houses, Homeless Shelters, Rehabilitation Homes, and Transitional Housing Facilities, have a criminal record check performed on any owner, officer, director, or employee having direct contact with a child at the shelter;
(8) For Homeless Shelters, Rehabilitation Homes, and Transitional Housing Facilities, provide a statement that facility maintains on site the social security number, or a complete set of fingerprints for all owners, officers, and employees, and a current list of its board of directors with their mailing address and other contact information; and
(9) For Boarding Houses, Homeless Shelters, Rehabilitation Homes, and Transitional Housing Facilities, provide notarized statements of all owners, officers, directors, and employees that have direct contact with a child at the shelter that each does not have a criminal record involving a felony violation of any crime against a minor, or an equivalent law of another jurisdiction within ten years next preceding the date of application, or any violation of this ordinance.
(10) Boarding House applications shall provide the following additional information:
(a) Resident/client profile, if applicable, and a statement as to whether or not convicted felons and/or registered six offenders may be accepted as residents;
(b) Site plan and floor plans of any building subject to the use (showing the location and dimensions of all bedrooms);
(c) Rules of conduct and management plan;
(d) The maximum number of Boarders; and
(e) Documentation showing compliance with Revenue Commission requirements.
(11) This licensure requirement shall apply in addition to licensure of boarding home licensed by the Commonwealth of Kentucky under KRS Chapter 216B.
(B) A nonrefundable fee of $100 shall accompany the application for a Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing facility. A nonrefundable fee of $150 shall accompany the application for a campus for a Homeless Shelter.
(C) An annual application for a license must be made for each separate Boarding House, Homeless Shelter, Rehabilitation Home, or Transitional Housing facility or campus.
(1) When a complete application is received by the Director, the Director or his or her designee shall refer a copy of the application to the appropriate Metro Government agencies, which shall within ten business days of their receipt of the license application cause the facilities to be inspected to determine if the facilities meet the zoning, health, sanitation, structural, fire, property maintenance and fire safety requirements set out in any applicable state and local laws, and report such information to the Director within ten business days of such inspection.
(a) A food establishment inspection shall not be required at the time of application if the Department of Public Health and Wellness conducted such an inspection at the location within the six months prior to the application, or if the facility does not have commercial cooking facilities. The Department of Public Health and Wellness will advise the Director in writing as to whether a food establishment inspection is required for the application.
(D) A license to operate a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility shall be issued to the applicant by the Director within 14 days after receipt of the inspection reports required by subsection (C) above, if the required inspections reveal that the facility meets zoning, health, sanitation, structural, property maintenance, fire, and life safety requirements of any currently applicable federal, state and local laws as may be amended from time to time. However, no license shall be issued by the Director if:
(1) The applicant or any of its owners, officers, directors, or employees that have direct contact with a child at the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility has a felony violation of any crime against a minor, or an equivalent law of another jurisdiction within ten years next preceding the date of application, or any violation of this ordinance; or
(2) An applicant is delinquent in the payment to Metro Government of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility; or
(3) The license fee required by subsection (B) above has not been paid; or
(4) The proposed Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility is located in a zoning district that does not permit the use or does not have an approved conditional use permit if required; or
(5) The applicant’s premises have been found by the Director to not be in compliance with laws or regulations of any applicable federal, state, or local governments.
(E) A license to operate a Boarding House shall be issued to the applicant by the Director within 14 days after receipt of all inspection reports required by subsection (C) above, if the required inspections reveal that the facility meets the zoning, health, sanitation, structural, property maintenance, fire, and life safety requirements of any currently applicable federal, state and local laws. However, no license shall be issued by the Director if:
(1) The applicant's premises have been found by the Director to not be in compliance with laws or regulations of any applicable federal, state, or local governments; or
(2) The license fee required by subsection (B) above has not been paid; or
(3) The proposed Boarding House is located in a zoning district that does not permit the use or does not have an approved conditional use permit if required.
(F) In the event of denial, the Director shall notify the applicant in writing of the reasons for such denial. Said notice shall be mailed, certified mail, return receipt requested, within ten business days after the Director receives the inspection reports required by subsection (C) above.
(G) In the event the inspection required by this section is not completed within the time frame set forth in subsection (C) hereof or if the Director fails to notify the applicant in writing of the reasons for denial of the application in the manner prescribed in subsection (E) hereof, then the application will be deemed to be granted and the facility authorized to operate until such time as all required inspections have been completed, the Director has received the required reports, and the applicant receives notice of the Director’s decision on the application by certified mail, return receipt requested.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 52-2015, approved 4-24-2015; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021) Penalty, see § 115.999