(A) It shall be unlawful, after thirty (30) days from the effective date of this chapter:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this chapter.
(2) For any person who operates a sexually oriented business to employ a manager, entertainer or escort who has not obtained a sexually oriented business employee license.
(3) For any manager, entertainer or escort to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license.
(B) An application for all licenses under this chapter must be made on a Form provided by the city.
(C) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information as to enable the city to determine whether the applicant meets the qualifications established in this chapter.
(D) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(E) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen (18) years of age;
(b) A partnership, the partnership shall state it's complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, evidence that the corporation is authorized to do business in the Commonwealth of Kentucky, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state (1) the sexually oriented business' fictitious name and (2) submit the required registration documents.
(3) The applicant must state whether he/she has been convicted of any offense relating to prostitution, solicitation, or sexual offenses under any state or federal laws within the last three (3) years prior to the date of the application, and, if so, what the conviction involved, the date, place, and jurisdiction of each conviction.
(4) Whether the applicant has had a previous license under this chapter or other similar chapter from another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant has been a partner in a partnership or an officer, director, principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinances from another city or county and, if so, the names and locations of such other licensed business.
(6) The location of the proposed sexually oriented business, including a street address, and telephone number(s) if any. A two inch by two inch (2" x 2") color photograph and one (1) duplicate photograph of the applicant(s) taken within six (6) months of the date of the application, showing only the full face of the applicant(s). The photographs shall be provided at the applicants' expense. The license, when issued, shall have affixed to it one such photograph of the applicant(s).
(7) The applicant(s) social security number and/or his/her state or federally issued tax identification number.
(8) Each applicant(s) shall submit a complete set of fingerprints on forms as prescribed by the Chief of Police. The fingerprints shall be attached to the application.
(9) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram shall designate all areas where patrons are not permitted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. If the applicant wishes to operate a sexually oriented business which will feature live performances, then the sketch or diagram shall demonstrate that the performance area complies with the requirements of § XVIII(a) of this ordinance. In addition, if the applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, or other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall supply a sketch or diagram showing that the interior configuration complies with the requirements set forth in § V hereof.
(10) Applicants shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change by supplementing the application on file with the city shall be grounds for suspension of a license.
(11) The applicant must be qualified according to the provisions of this chapter, must have a current city business license, and the premises must be inspected and found to be in compliance with health, fire, zoning, plumbing and building codes of the city.
(12) Applicants for a license shall describe the nature of the activity or activities to be engaged in at the establishment.
(13) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business license.
(14) The application form for licenses shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of their knowledge.
(F) All managers, entertainers, and escorts shall make application for a sexually oriented business employee license on a form provided by the city which shall contain the following information:
(1) The legal name of the applicant and all other names, including stage names or aliases used by the applicant.
(2) The age, date and place of birth of the applicant.
(3) The hair, weight and eye color of the applicant.
(4) The applicant's social security number.
(5) The present residence, address and phone number of the applicant, if any;
(6) Proof that the individual is at least eighteen (18) years of age;
(G) Attached to the application form for a sexually oriented business employee shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Madisonville Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(2) A statement detailing whether the applicant has been convicted in the past five (5) years of an offense for prostitution, solicitation, pandering, or sexual offenses under the laws of any state or the United States of America. The applicant shall provide the date of any such conviction, the place and jurisdiction of the conviction.
(3) A statement detailing whether the applicant has had a license under this or any other similar chapter in any other county or state that has been revoked or suspended in the last three (3) years. The applicant shall state the date, place, and jurisdiction of the revocation or suspension and the reason for such revocation and suspension.
(4) A sexually oriented business employee license shall take the form of an identification card which shall contain a color photograph containing the licensee's legal name, date of birth, the height, weight, hair and eye color, the licensee's address, and the expiration date of the license.
(Ord. 99-19, passed 12-6-99) Penalty, see § 121.99