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(A) The public entrance to an establishment engaging in adult entertainment activities shall not be located within five hundred (500) feet of any building containing a public or private elementary, middle or secondary school, institution of higher education or business college, or any park-mall or park-like area of open space under the control of a governmental agency, or any building used for a place of religious worship, or any building used for a governmental function or public library. Such distance shall be measured along a straight line from the nearest property line of the property on which the building or park-like area is located to the entrance to such establishment engaging in an adult entertainment activity.
(B) The public entrance to an establishment engaging in adult entertainment activities may not be located within five hundred (500) feet of an area zoned R-1, R-1A, R-1T, R-2, R-3, MP, C-1, PUD or INS or from an area used for residential purposes. Such distance shall be measured along a straight line from the boundary line of the nearest area zoned or used for residential purposes to the entrance to such establishment engaging in an adult entertainment activity. All adult entertainment establishments shall comply with all other pertinent zoning regulations of the City of Pikeville.
(C) The public entrance to an establishment engaging in adult entertainment activities shall not be located within five hundred (500) feet of the public entrance of another adult entertainment activity establishment.
(D) The public entrance to an establishment engaging in adult entertainment shall not be located within five hundred (500) feet of the public entrance of an establishment licensed to serve alcoholic beverages.
(Ord. 2005-0-009, passed 5-9-05) Penalty, see § 122.99
An adult entertainment establishment shall not make application for and shall not be granted any license to sell alcoholic beverages. The sale, use, or consumption of alcoholic beverages on the premises of an adult entertainment establishment is prohibited.
(Ord. 2005-0-009, passed 5-9-05) Penalty, see § 122.99
Nothing contained in this chapter is intended, or shall be construed, to permit or authorize activities, which are unlawful under state law or local ordinance. It is unlawful for an operator to knowingly violate the following regulations or to allow, either knowingly or recklessly, an employee or a patron to violate the following regulations:
(A) It shall be a violation of this chapter for a patron, employee, or any other person to knowingly or intentionally, in an adult entertainment establishment, appear in a state of nudity, regardless of whether such public nudity is expressive in nature.
(B) It shall be a violation of this chapter for an employee to knowingly or intentionally, in an adult entertainment establishment, appear in a semi-nude condition unless the employee, while semi-nude, remains at least six (6) feet from any patron or customer and on a fixed stage at least eighteen (18) inches from the floor. The six (6) foot requirement is measured from the edge of the stage where the semi-nude employee is located to the patron seating or standing area, or, if patrons are allowed to sit at the stage, from the edge of the stage to a line or other barrier six (6) feet from the edge beyond which employees are allowed to appear semi-nude.
(C) It shall be a violation of this chapter for any employee, while semi-nude in an adult business, to knowingly or intentionally receive any pay or gratuity directly from any patron or customer or for any patron or customer to knowingly or intentionally pay or give any gratuity directly to any employee, while the employee is semi-nude in an adult entertainment establishment.
(D) It shall be a violation of this chapter for any employee, who regularly appears semi- nude in an adult entertainment establishment, to knowingly or intentionally touch a customer or the clothing of a customer.
(Ord. 2005-0-009, passed 5-9-05) Penalty, see § 122.99
LICENSING PROVISIONS
(A) The principal owner(s) or the operator(s) of an establishment intending to engage, or engaging under a previously issued license in an adult entertainment activity, shall make application for a license with the Codes Enforcement Officer in accordance with this chapter.
(B) Such application shall be in writing, notarized, and shall be in the form prescribed by the Codes Enforcement Officer. The application will be deemed complete when it contains the following information:
(1) The name, business location address, business mailing address and phone number of the establishment and the name and business address of the prospective licensee.
(2) The applicant’s full true name, mailing address, date of birth, and a copy of a government-issued photo identification card or set of fingerprints.
(a) If the applicant is one (1) or more natural person(s), then all principal owners shall comply.
(b) If the applicant is other than an individual, such as a corporation or partnership, each officer, director, general partner, principal owner and each other person who will participate directly in decisions relating to management of the business shall sign the application for a license as the applicant and comply with the requirements of this section.
(3) The name and address of the prospective licensee’s designated agent for service of process.
(4) If the applicant is not the owner of record of the real property on which the licensed establishment is located or to be located, the application shall include the name and address of the owner of record of the real property.
(5) A designation of the adult entertainment activities as defined in § 122.02, in which the applicant seeks to engage at the specified location.
(6) All convictions for specified criminal activities, as defined in this chapter, of the applicant or applicants whose names are required pursuant to this section.
(7) The name and mailing address of any person to whom the applicant wants mail notice to be given in case of violation or other matters affecting any license hereunder.
(8) A drawing or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The drawing or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(Ord. 2005-0-009, passed 5-9-05) Penalty, see § 122.99
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