(A) An application for a license must be made on a form provided by the City Clerk. Before any applications will be taken from any person or entity applying for said license, the City Clerk must be shown the required building permit as required by the Kentucky Building Codes and also must produce a certificate of occupancy. The applications shall not be accepted until it is complete and contains:
(1) The name of the applicant and a statement as to whether the applicant is an individual, partnership, corporation or other specified legal entity;
(2) The name under which the business is to be operated and a description of the sexually-oriented business to be conducted;
(3) The name, address, and telephone number of each owner and operator;
(4) The street address and legal description of the parcel of land on which the business is to be located, and the telephone number of the enterprise;
(5) A detailed description of the business activities to be conducted on the premises;
(6) A written declaration, sworn to under oath by the applicant or its duly authorized agent, that the information contained in the application, is true and correct;
(7) If a person who wishes to operate a sexually-oriented business is an individual, he/she must sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a five percent or greater interest in the business must sign the application for a license as applicant;
(8) A statement of gross receipts or sales known or anticipated from the sale or rental of sexually-oriented products or materials.
(B) The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram needs to be professionally prepared and drawn to a design based on a scale or drawing with marked dimensions on the interior of the premises. The applicant shall sign a notarized statement attached to the diagram stating that the proposed plan for the sexually-oriented business complies with the requirements set forth in this chapter. The applicant may submit a remodeling plan to scale for modification of the current structure. If the plan is acceptable and the license is approved, the license shall not be effective until the modification is completed and a certificate of occupancy issued. The City Clerk may waive the requirement that the diagram be submitted with renewal applications if the application certifies that the configuration of the premises has not been altered since the diagram on file with the original application was prepared.
(1) The diagram must show all interior walls and partitions, the locations of one or more manager stations and the locations of lighting fixtures. The diagram 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 license will be posted.
(2) Excepting only adult motels, the interior of the sexually-oriented business premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding only restrooms. Restrooms may not contain video, photographic, monitoring or other surveillance equipment. The view required in this subsection must be a direct line of sight from the manager’s station.
(3) It shall be an offense for any owner, operator, agent or employee to knowingly permit the view area specified in subdivision (2) above to be obstructed by any doors, walls, merchandise, display racks or other materials at any time that any patron is present on the premises, or to allow a patron access to any area of the premises which has been designated in the application filed pursuant to subdivision (1) of this section as an area in which patrons will not be permitted.
(4) It shall be an offense for any owner, operator, agent or employee to knowingly allow patrons access to any area that is not illuminated by overhead lighting fixtures to an intensity of at least one foot-candle as measured at floor level. Such light intensity shall be maintained at all times during which the premises are open to the public.
(C) The premises must be inspected and found to be in compliance with the law by the County Health Department, Fire Department, and Building Official.
(D) The fact that a person possesses a valid theater license, dance hall license, amusement device license, business license, certificate of occupancy, or other license or permit does not exempt him from the requirement of obtaining a sexually-oriented business license. Any person who owns or operates a sexually-oriented business shall comply with the requirements and provisions of this chapter and all other applicable ordinances of the city and laws of the State of Kentucky.
(Ord. 99-006, passed 6-15-99)