(A) No Adult Oriented Business shall be permitted to operate without a valid Adult Oriented Business permit issued by the city.
(B) The City Clerk is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing Adult Oriented Businesses. To be approved, applications must comply, at a minimum, with all requirements of this chapter and the Zoning and Building Codes of the city.
(C) Applications must be made on a form provided by the city. Applicants must provide an original and two (2) copies of a sworn application which must contain the following information and documents:
(1) If the applicant is:
(a) an individual: the individual's legal name and proof of age over eighteen (18);
(b) a partnership: the complete name, all partners names, and a copy of any partnership agreement; or
(c) a corporation or other legal entity: its complete name; date of incorporation; names of all officers and directors and the name and address of its registered agent.
(2) The name of the adult oriented business if different from the applicant's and any required registration documents.
(3) Whether the applicant or any individual listed in sub-part (1) of this section has been convicted of a specified criminal act as defined under § 117.02 within either two (2) years for misdemeanor offenses, or five (5) years for felony offenses or two (2) or more misdemeanor offenses, immediately preceding the application date, and, if so, the act involved and the date and place of the conviction.
(4) Whether the applicant or other listed individuals has had an Adult Oriented Business permit and/or other business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.
(5) Whether the applicant or other listed individuals hold any other Adult Oriented Business permits, own or operate any other Adult Oriented Businesses and the names and locations of all other such businesses.
(6) The proposed location of the business including a legal description of the property, street address and telephone number.
(7) The applicant's business and residential addresses and telephone numbers. If the applicant has been at his current address for less than three (3) years, then all business and residential addresses of the applicant for five (5) years prior to the date of the application must be included. The applicant shall designate the dates he resided at each address.
(8) The applicant's driver license number, social security number and tax identification number.
(9) A sketch or diagram showing the configuration and total floor space of the premises. The drawing must show all interior walls and partitions, the locations of lighting fixtures. The drawing must clearly specify any areas in the premises to which members of the public will not be permitted access, and must designate the location where the permit shall be posted. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six (6) inches.
(10) A current certificate and straight line drawing prepared within thirty (30) days prior to application by a land surveyor registered by the State of Kentucky depicting property lines and structures and the property lines of any existing protected use, as defined by the City Zoning Code, in order to determine compliance with the City Zoning Code. A protected use is established if it is in existence at the time the application is submitted.
(11) The application must be signed by the individual applicant; or if a partnership, each partner. If a corporation is the applicant, then each director and officer must sign the application.
(12) A current city, county, state and federal criminal records check that covers the time period from five (5) years prior to the date of the application. If the applicant resided in a state other than Kentucky during the last five (5) years prior to the date of application, current records checks from all other states of residence must be included. A current criminal records check is one completed not more than fourteen (14) days prior to the date of the application.
(13) A signed release indicating the applicant's understanding that city, county, state and federal criminal records checks, going back five (5) years before the date of application, will be performed for the applicant and each individual named in the application and verified by the city.
(14) The existence and description of any other business or professional endeavors, if any, that will be located and or conducted at the same business location of the proposed Adult Oriented Business; regardless of whether the endeavor is an Adult Oriented Business.
(15) The applicant shall describe, with particularity and in detail, the nature and extent of the activities to be engaged in at the Adult Oriented Business premises or satellite locations.
(D) Applicants are under a continuing duty to promptly update their application information in the event that it changes in any way from what is stated on the application. Failure to so supplement within thirty (30) days of the date of a change in application information shall be grounds for permit suspension.
(E) If the City Clerk learns that an applicant improperly completed the permit application, the City Clerk shall promptly notify the applicant and allow ten (10) days for correction.
(F) A four hundred forty dollar ($440) non-refundable application fee is due at the time the applicant files an application under this section.
(G) Prior to obtaining a permit to operate an Adult Oriented Business, the applicant shall obtain a certification that the proposed location complies with the locational requirements of this chapter and the Zoning Code.
(H) The possession of other types of state or city permits and/or licenses; including, but not limited to, a liquor license, does not exempt an applicant from the requirement of obtaining an Adult Oriented Business permit.
(I) By filing an application under this Section, the applicant shall be deemed to have consented to the provisions of this chapter and to investigation of the application by the City Administrator and his designees.
(J) The applicant is required to provide the city with the names of all employees required to be licensed under § 117.35 of this chapter. This obligation continues even after a permit is granted or renewed. A failure to comply with this provision shall be grounds for permit suspension under § 117.20.
(K) An Adult Oriented Business permit may be renewed annually upon written application, subject to the payment of a sixty-five dollar ($65.00) renewal fee, and a finding that the permit holder is still in conformance with the permit requirements. This fee is in addition to the payment of an annual permit fee required under § 117.18.
(Ord. 98-1162A, passed 11-12-98)
Cross-reference:
Zoning code, see Ch. 156
Building code, see Ch. 150