(A) An establishment engaging in a sexually explicit entertainment activity, except as otherwise provided by laws which may be more restrictive, may not have more than 1 outside, flush to the wall, facial style sign, not to exceed in size 10 feet in length (horizontal to the ground) and 3 feet in width (vertical to the ground) with no flashing lights and with no lettering, wording or pictorial or representational matter which is distinguished or characterized by an emphasis on the human anatomy, in a clothed or unclothed state, and/or depictions of sexual activities as defined in this chapter.
(B) An establishment engaging in a sexually explicit entertainment may not display its stock in trade or matter depicting, describing or relating to sexual activities in such manner as to be subject to public view from outside the establishment, including but not limited to view from public sidewalks, streets, arcades, hallways or passways.
(C) An operator of an establishment engaging in a sexually explicit entertainment activity or sexually explicit escort service or his or her employee shall not permit a person under 18 years of age to be employed by or to enter his or her establishment or to be a patron of the service; provided, however, that a licensed sexually explicit entertainment establishment which devotes only a portion of its business premises to sexually explicit entertainment or material may permit the public, generally including minors, to enter the portions of the premises within which no sexually explicit entertainment or material is visible or on display. This provision shall not be construed to be an exemption from or in conflict with any requirement found in any statute, ordinance, regulation or other provision of law applicable to a licensee or potential licensee hereunder which is more stringent in terms of an age requirement for employees.
(D) An operator engaging in a sexually explicit entertainment activity shall, at all times, cause the entrance of his or her establishment to be so attended as to ensure compliance with the requirements contained in this chapter.
(E) An establishment licensed to engage in sexually explicit entertainment shall not provide the entertainment between the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(F) A sexually explicit amusement arcade, except as otherwise provided by laws which may be more restrictive, shall meet the following requirements:
(1) Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than 1 hour fire-restrictive material and shall contain no hole or other perforation;
(2) A person who operates or causes to be operated a sexually explicit amusement arcade which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, DVD or other reproduction which depicts sexual activities as defined in this chapter, shall comply with the following requirements:
(a) The interior of the premises shall be configured in such a manner that there shall be an unobstructed, direct line-of-sight view from a manager's or cashier's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment.
(b) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in this chapter above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times.
(c) No viewing room may be occupied by more than 1 person at a time.
(3) There shall be no fewer than 2 doorways, each of a width not less than 36 inches, which provide ingress or egress from any room in which an amusement device or viewing area is located; provided, however, that 1 doorway shall be sufficient in the event the Building Inspector or his or her designee should so determine. The doorway or doorways shall be unlocked during business hours;
(4) Over every doorway which provides egress from any room in which an amusement device or viewing area is located, there shall be maintained an internally illuminated exit sign with letters at least 5 inches in height;
(5) A light level of no less than 10 foot-candles at floor level shall be maintained in every portion of the establishment to which the public is admitted; and
(6) All persons regulated pursuant to this section must comply with the terms and conditions of this chapter within 60 days after the effective date of this chapter.
(G) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than 1,000 feet from any church, synagogue or other permanent place of worship, licensed daycare center, public or private elementary, middle or secondary school, institution of higher learning or business college, or any park, mall, shopping centers, mall or park-like area of open space under the control of a governmental agency. The distance shall be measured along a straight line from the nearest property line of the real estate on which that building or public park-like area is located to the entrance to the establishment engaging in a sexually explicit entertainment activity.
(H) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than 1,000 feet from any area zoned residential. This distance shall be measured along a straight line from the boundary line of the nearest area zoned for residential purposes to the entrance to the establishment engaging in a sexually explicit entertainment activity.
(I) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than 750 feet from the public entrance of another sexually explicit entertainment activity establishment. This distance shall be measured in a straight line from the nearest entrance to a building containing an existing sexually explicit entertainment establishment to the entrance or proposed entrance to the building containing the proposed new sexually explicit establishment.
(J) Notwithstanding the provisions of the immediately preceding sections above to the contrary, any person who has been issued a sexually explicit entertainment license which is in effect as of the effective date of this chapter, and any person who is lawfully engaged in a sexually explicit entertainment activity defined under this chapter, who obtains a license therefor within the time required by this chapter may continue to engage in the sexually explicit entertainment activity in which the person lawfully engages as of the effective date of this chapter as a nonconforming use subject to the limitations of KRS 100.253 and other restrictions on nonconforming uses as are provided by law.
(K) No adult entertainer, dancer or escort shall be permitted to have any physical contact with any other adult entertainer, dancer, escort, employee, patron or spectator while that adult entertainer, escort or dancer is performing.
(L) No alcoholic beverages or controlled substances shall be present, stored or consumed on any premises licensed for adult entertainment.
(Ord. 04-05, passed 7-19-2004)