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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENTS. A business within the city, where liquor, beer or wine is sold for consumption on the premises pursuant to a retail drink liquor license or retail cereal malt beverage liquor license that has been issued by the city.
CITY ABC ADMINISTRATOR. The duly appointed Alcoholic Beverage Control Administrator of the city.
LICENSE. A retail drink liquor license or a retail cereal malt beverage liquor license issued by the city.
LICENSEE. Any person to whom a retail drink liquor license or a retail cereal malt beverage liquor license has been issued by the city, including the officers and agents of the licensee.
OCCUPATION LICENSE. The occupational license issued for the business establishment pursuant to Chapters 110 and 111 of this code.
PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental authority.
PREMISES. The land and building in and upon which any business establishment regulated by the alcoholic beverage statutes is carried on.
RETAIL LICENSEE. Any licensee, including its officers and agents, who sells, at retail, any alcoholic beverage for the sale of which an occupational license is required.
(`96 Code, § 112.60) (Ord. 1986-1, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
(A) Numerous business establishments with a retail drink liquor license or retail cereal malt beverage liquor license from the city are providing adult entertainment, with the possibility of nude or nearly nude dancing, for its patrons. The City Council has determined that such conduct or activities are injurious to the citizens of the city.
(B) Therefore, the City Council believes that this subchapter is necessary for the following purposes:
(1) To protect property values;
(2) To prevent blight and the deterioration of the city’s neighborhoods;
(3) To promote a climate conducive to a return of residences and businesses to the city’s neighborhoods;
(4) To enhance the quality of life within the city;
(5) To preserve and stabilize the city’s neighborhoods; and
(6) To decrease the incidence of crime, disorderly conduct and juvenile delinquency.
(`96 Code, § 112.61) (Ord. 1986-l, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
It shall be unlawful for and a person is guilty of performing nude or nearly nude activities when that person appears on a business establishment’s premises in a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof; or when any female appears on a business establishment’s premises in a manner or attire as to expose to view that portion of the breast referred to as the areola, nipple or simulation thereof.
(`96 Code, § 112.62) (Ord. 1986-l, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
A licensee or retail licensee is guilty of permitting nude or nearly nude activities when having control of the business establishment’s premises which he or she knows or has reasonable cause to know, is being used by any person to appear on the premises in a manner or attire as to expose to view portions of the pubic area, anus, vulva or genitals, or any simulation thereof; or used by any female to appear on the premises in a manner or attire as to expose to view any portion of the breast referred to as the areola, nipple or any simulation thereof, he or she permits that activity or fails to make reasonable and timely effort to halt or abate that activity or use.
(`96 Code, § 112.63) (Ord. 1986-1, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016) Penalty, see § 112.99
(A) In the event that a violation of §§ 112.62 or 112.63 occurs, the city shall forthwith conduct a hearing pursuant to KRS 243.520, in conjunction with KRS 241.160 and 241.190, to determine whether the liquor licensee, at whose business establishment the activity prohibited by this subchapter occurred, shall have his or her license suspended or revoked.
(`96 Code, § 112.64) (Ord. 1986-l, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
(A) In the event that a violation of §§ 112.62 or 112.63 occurs, the Liquor Administrator shall prefer charges against the retail license, pursuant to Chapter 110 of this code, after notice and a hearing are held by the City Council, the occupational license may either be revoked or suspended.
(B) In the event that three or more violations of §§ 112.62 or 112.63 occur at a business establishment within a 12-month period, after notice and hearing, pursuant to Chapter 110 of this code, the City Council shall revoke the occupational license of the retail licensee.
(`96 Code, § 112.65) (Ord. 1986-l, passed 3-20-1986; Am. Ord. 2016-7, passed 10-13-2016)
ADMINISTRATION AND ENFORCEMENT
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