For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ADULT BOOK STORE” or “ADULT VIDEO STORE.” An establishment having as one of its principal purposes, offers the sale, rent or display of pictures, books, periodicals, magazines, files, motions pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations and appliances and similar material which are distinguished or characterized by their emphasis on displays of sexual activities. A “PRINCIPAL PURPOSE” means that the commercial establishment:
(1) Has a substantial portion of its displayed merchandise which consists of said items,
(2) Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items,
(3) Has a substantial portion of the retail value of its displayed merchandise which consists of said items,
(4) Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of said items,
(5) Maintains a substantial sections of its interior business space for the sale or rental of said items, or
(6) Maintains an “ADULT ARCADE,” which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
“ADULT CABARET.” A nightclub, bar, juice bar, restaurant, bottle club, other commercial establishment, whether or not alcoholic beverages are served, which regularly features as one of its principal uses persons who appear semi-nude before patrons.
“ADULT MOTEL.” A motel, hotel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display of specified sexual activities or specified anatomical areas; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Offers a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
“ADULT MOTION PICTURE THEATER.” An establishment having as one of its principal uses the presentation of motion pictures, slide projections, video cassettes, or similar photographic reproductions having as a dominant theme or characterized or distinguished by an emphasis on matter displaying, describing or relating to sexual activities, as hereinafter defined, for observation by persons therein.
“CHARACTERIZED BY.” Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
“EMPLOYEE.” Any person hired by or suffered or permitted to work in an establishment of a sexually oriented business, whether that person receives remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment or from any other source whether by contract of employment or otherwise, for work or services performed for the benefit of the adult entertainment establishment. “EMPLOYEE” does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods, such as foods, to the premises.
“ESTABLISH” or “ESTABLISHMENT.” Means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
(3) The addition of any sexually oriented business to any other sexually oriented business.
“HEARING OFFICER.” An attorney, not an employee of Bullitt County or the City of Mt. Washington, who is licensed to practice law in the Commonwealth of Kentucky.
“INFLUENTIAL INTEREST.” Any of the following:
(1) The actual power to operate the sexually oriented business or control the operation, management or policies of the sexually oriented business or legal entity which operates the sexually oriented business,
(2) Ownership of a financial interest of thirty percent (30%) or more of a business or of any class of voting securities of a business, or
(3) Holding an office (e.g. president, vice-president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the sexually oriented business.
“LICENSED DAY-CARE CENTER.” A facility licensed by the State of Kentucky, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
“LICENSEE.” A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for an sexually oriented business license. In case of an employee, it shall mean the person in whose name the sexually oriented business employee license has been issued.
“NUDITY” or “STATE OF NUDITY.” The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
“OPERATE” or “CAUSE TO OPERATE.” To cause to function or to put or keep in a state of doing business. “OPERATOR” means any person put on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
“PERSON.” Any individual, proprietorship, partnership, corporation, association, or business entity.
“PREMISES.” The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to § 113.04.
“REGULARLY.” The consistent and repeated doing of the act so described.
“SEMI-NUDE” or “STATE OF SEMI-NUDITY.” A state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.
“SEMI-NUDE MODEL STUDIO.” A place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing and where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.
“SEXUAL DEVICE.” Any three (3) dimensional object designed and marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations or human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
“SEXUAL DEVICE SHOP.” A commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.
“SEXUAL ENCOUNTER CENTER.” A business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex when one or more of the persons is semi-nude.
“SEXUALLY ORIENTED BUSINESS.” An adult bookstore or adult video store, an adult cabaret, an adult motel, an adult motion picture theater, a semi-nude model studio, a sexual device shop, or a sexual encounter center.
“SPECIFIED ANATOMICAL AREAS.” Means and includes:
(1) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“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); 510.150 (indecent exposure); KRS 517.050 (falsifying business records); KRS 529.020, 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, 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 (2) 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 (5) 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 (5) 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 (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
“SPECIFIED SEXUAL ACTIVITY.” Any of the following:
(1) Intercourse, oral copulation, masturbation or sodomy, or
(2) Excretory functions as a part of or in connection with any of the activities described above in this definition.
“SUBSTANTIAL.” At least thirty-five percent (35%) of the item(s) so modified.
“TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS.” Any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
“VIEWING ROOM.” Any room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.
(Ord. 07-13, passed 6-11-07)