The following words and phrases when used in this chapter have a meaning as set forth herein:
ADULT VIDEO ARCADE. Any commercial establishment to which the public is permitted or invited wherein coin-operated or slug operated or electronically, electrically, or mechanically controlled still or motion pictures, projectors, or other image-producing devices, to include computer and electronic games, are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or discs, cassettes or video representations, slides or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas.”
(2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.” Not included in this definition are pharmaceutical supplies normally found in a pharmacy.
ADULT CABARET. A commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or partial nudity; or
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT LINGERIE STORE/MODELING STUDIO. A commercial establishment where live models exhibit lingerie intended for an adult audience.
ADULT LOUNGE. An adult cabaret which is permitted or licensed pursuant to the Alcoholic Beverage Code where alcoholic beverages may be served, sold or consumed.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmission, films, motion pictures, video cassettes, slides, discs or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and/or has a sign visible from the public right-of-way which advertises the availability of this adult type of entertainment.
ADULT MOVIE THEATER or ADULT VIDEO THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, discs or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown to groups of six or more people.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
BUILDING OFFICIAL. Any individual appointed by or designated by the city through either appointment or contract to enforce the zoning ordinance for the city and/or enforce the Kentucky Building Codes for the State of Kentucky.
CHURCH or REGULAR PLACE OF WORSHIP. Any structure used principally as a place wherein persons regularly assemble for religious worship including, but not limited to, sanctuaries, chapels, cathedrals, churches, synagogues, and on-site buildings adjacent thereto, such as parsonages, convents, fellowship halls, Sunday Schools and rectories.
CITY CLERK. The individual lawfully acting as the City Clerk of the city pursuant to the City Charter, or his or her designated representative.
CONTROLLED SUBSTANCE. As used in this chapter, the term CONTROLLED SUBSTANCE means any substance defined as a controlled substance by the Kentucky Controlled Substance Act, as then amended.
DAY CARE. A facility which provides care and/or supervision for adults or children on a day to day basis.
DRESSING ROOM. An enclosed area designed to allow a single person to try on items of apparel for the purpose of determining suitability.
ESCORT. A person who accompanies an individual for social purposes for any consideration.
ESCORT AGENCY. A person or commercial enterprise which for a fee, tip, or other consideration offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.
ESTABLISHMENT. 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;
(3) The addition of any sexually-oriented business to any other existing sexually-oriented business; or
(4) The relocation of any sexually-oriented business.
GAMBLING. As used in this chapter, the term GAMBLING shall have the meaning set forth at KRS 528.010, as then amended.
INTENDED OPERATOR. The person principally in charge of the day to day operation of the establishment.
KNOWINGLY. As used in this chapter, the term KNOWINGLY shall have the meaning set forth at KRS 119.205, as then amended.
LICENSEE. A person in whose name a license to operate a sexually-oriented business has been issued pursuant to the terms of this chapter.
MODELING/NUDE MODELING STUDIO. A commercial establishment where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY/PARTIAL NUDITY. Appearing in a state of dress which displays one or more “specified anatomical areas.”
OPERATES OR CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. 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 license holder of the establishment. A person who, which on the premises of sexually-oriented business, does any one or more of the following shall be deemed to be operating or conducting such a business:
(1) Operates a cash register, cash drawer, or other depository where checks, cash funds or records of credit card or other credit transactions generated in connection with the activities of the business are kept; or
(2) Displays or takes orders from many customers for any merchandise, goods, entertainment or other service offered in connection with the activities of the business; or
(3) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered in connection with the activities of the business; or
(4) Acts as a door attendant to regulate entry of customers or other persons into the business premises; or
(5) Supervises or manages other persons in the performance of any of the foregoing activities.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PRINCIPAL BUSINESS PURPOSE. For purposes of this chapter, a commercial establishment has a principle business purpose of selling or renting any sexually explicit material if such sales or rentals make up a minimum of 15% of that establishment’s monthly gross receipts.
RENT. The act of permitting space to be occupied for any form of consideration.
RESIDENTIAL DISTRICT. Single-Family Dwellings (R-1); Double Family Dwellings (R-2); Multiple-Family Dwellings (R-3) as defined in the Paintsville Zoning Ordinance, as amended.
RESTROOMS. Restrooms as used in this chapter shall be synonymous with toilet facilities, lavatory, and bathing facilities. No sexual-oriented business activities shall be permitted in any such facilities.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or partial nudity.
SEXUALLY-ORIENTED BUSINESS.
(1) An adult bookstore, adult video arcade, adult bookstore or video store, adult cabaret, adult lingerie store/modeling studio, adult lounge, adult motel, adult movie theater, adult video theater, adult theater, escort agency, modeling studio, nude modeling studio, sexual encounter center, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items, intended to provide sexual stimulation or sexual gratification to the customer.
(2) The following are exempted from regulation under this chapter:
(a) A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, licensed barber or any other state licensed/regulated professional engaged in performing functions authorized under the license held; or
(b) A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.
SPECIFIED ANATOMICAL AREAS. Specified anatomical areas are:
(1) Less than completely and opaquely covered:
(a) Human genitals;
(b) Human buttock or anus; or
(c) Female breasts below a point of immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(3) Any combination of the above.
SPECIFIED SEXUAL ACTIVITIES. Specified sexual activities are those activities which display:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; or
(4) Any combination of the above.
SUB-RENT. The act by one who has rented a room of permitting the room to be occupied for any form of consideration.
TRANSFER OF OWNERSHIP OR CONTROL. Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling 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 the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM. An area designed to permit one or more persons the opportunity to view or observe a dancer, model, or other performer in a “private” or semi-private environment.
(Ord. 99-006, passed 6-15-99)