(A) (1) It is unlawful for a person to appear in any public place 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 for any female to appear in such manner or attire as to expose to view the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
(2) For the purpose of this division (A), the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. The same as the definition of “public place” in KRS 525.010.
(1995 Code, § 9.04.100)
(B) (1) For the purpose of this division (B), 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 and/or wine is sold for consumption on the premises pursuant to a retail drink liquor license and/or retail cereal malt beverage liquor license that has been issued by 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.
LIQUOR ADMINISTRATOR. The duly appointed Alcoholic Beverage Control Administrator of the City.
OCCUPATION LICENSE. The occupational license issued for the business establishment pursuant to the City’s occupational license ordinance.
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 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.
(1995 Code, § 9.12.010)
(2) It is unlawful for, and a person is guilty of, performing nude or nearly nude activity 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 the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel; provided, the areola is not exposed in whole or in part.
(1995 Code, § 9.12.020)
(3) A licensee or retail licensee is guilty of permitting nude or nearly nude activity when, having control of the business establishment’s premises, which it 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 below a horizontal line across the top of the areola at its highest point or simulation thereof; it permits the activity or fails to make reasonable and timely effort to halt or abate the activity or fails to make reasonable and timely effort to halt or abate such activity or use. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel; provided, the areola is not exposed in whole or in part.
(1995 Code, § 9.12.030)
(4) (a) In the event that a violation of divisions (B)(2) or (3) above occurs, the City Liquor Administrator 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 chapter occurred, shall have his or her or its license suspended or revoked.
(b) In the event 3 or more violations of divisions (B)(2) and (3) above occur at a business establishment within a 12-month period, the Liquor Administrator, after a hearing, shall revoke the retail drink license or retail cereal malt beverage liquor license or both.
(1995 Code, § 9.12.040)
(5) (a) In the event that a violation of divisions (B)(2) and (3) above occurs, the City Manager shall prefer charges against the retail license pursuant to this code of ordinances and after notice, a hearing and the like, held by the Board of Commissioners, the occupational license shall either be revoked or suspended.
(b) In the event that 3 or more violations of divisions (B)(2) or (3) above occur at a business establishment within a 12-month period, after notice and hearing and the like, pursuant hereto, the Board of Commissioners shall revoke the occupational license of the retail licensee.
(1995 Code, § 9.12.050) Penalty, see § 130.99