(A) (1) The owner or operator of an establishment intending to engage, or engaging under a previously issued license in a sexually-explicit entertainment activity, or the owner or operator of a sexually-explicit escort or escort service, shall make application for a license with the Director in accordance with this section. A separate license is required for each separate or assumed name under which an owner or operator conducts business. A $200 investigation fee must accompany all applications.
(2) Such application shall be in writing, under oath, and shall be in the form prescribed by the Director and shall contain the following information together with such further information as the Director may require:
(a) The name and location of the establishment and the name and business address of the applicant;
(b) The name, address, date of birth, and Social Security number of a natural person with an ownership interest in the licensee, such natural person to be determined as follows.
1. If the licensee is one or more natural person, then all such natural persons shall comply, or any one natural person may comply for the licensee upon certification that he or she owns a greater share of the licensee than any other person.
2. If the licensee is a partnership, then the natural person designated as the managing general partner in the partnership agreement, a copy of which is to be attached to the license application, shall comply, but if the partnership agreement designates no natural person as a managing general person, then the natural person who by virtue of his or her interest or holding in the partnerships or corporations which have formed the partnership owns a greater share of the licensee than any other single natural person shall comply.
3. If the licensee is a corporation, the natural person, if any, who owns a greater number of shares than any other person shall comply, but if the person owning the greatest number of shares is not a natural person, then the natural person who by virtue of his or her interests or holdings in one or more partnerships or other corporations which own share in the licensee owns a greater portion of the share in the licensee than any other individual natural person shall comply.
(c) The name and address of all directors and officers of any licensee or applicant which is a corporation and the name and address of the licensee’s designated agent for service of process;
(d) In the event the applicant or licensee 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 a notarized statement from the owner of record of the real property acknowledging that a sexually-explicit entertainment establishment is to be located on the real property upon the issuance of the license. The applicant also shall furnish the name and address of the owner of record of the real property and a copy of the lease or rental agreement;
(e) The name, address, date of birth, and Social Security number of all persons engaged in the day-to-day employment or contract labor on the license premises. If the licensee is to engage in the sale, rental, or showing of books or movies distinguished or characterized by an emphasis on matter depicting or relating to sexual activities as defined in § 113.02, then all persons designated to engage in the selections of such books and movies to be offered for sale or rental or to be shown on the licensed premises, shall be subject to the provisions of this division (A)(2)(e). All persons who at any time shall be responsible for attending the entrance of the establishment for the purpose of ensuring compliance with the provisions of § 113.03(C), shall be subject to the provisions of this division (A)(2)(e);
(f) The name, address, date of birth, and Social Security number of the individual designated by the applicant to undertake to keep the applicant, if licensed, at all times in compliance with the restrictions, requirements, and conditions of this chapter and with the rules and regulations promulgated by the Director pursuant to § 113.05, together with the sworn affidavit of that individual stating that he or she has received a copy of this chapter, and that he or she wilfully undertakes on behalf of the applicant to comply therewith;
(g) The name, address, date of birth, and Social Security number of the individual designated by the applicant or licensee to be responsible for keeping the information required hereunder current at all times together with a sworn affidavit of that individual stating that he or she has received a copy of this chapter, that he or she understands the requirements hereof pertaining to disclosure of information, and that he or she willfully undertakes on behalf of the applicant to comply therewith;
(h) The name and addresses of any rental agent of the property on which the establishment is located;
(i) The nature of the activity or activities to be engaged in at such location;
(j) All criminal convictions of any offense set forth in KRS Ch. 528 (gambling), KRS Ch. 529 (prostitution), KRS 506.030 (if such solicitation pertains to an offense of solicitation of prostitution under KRS 529), KRS Ch. 510 (sexual offenses), KRS Ch. 531 (pornography), or any similar law of the United States or sister states of the commonwealth within the last five years of the applicants, owners, directors, partners, or employees whose names are required pursuant to this division (A). Any such person who is on parole for any of the offenses set forth above shall submit to the Director the terms of such parole;
(k) The name and address of any person to whom the applicant wants mail notice to be given in case of violation or other matters affecting the license hereunder;
(l) A photograph or drawing of any signs displayed or proposed to be displayed on the exterior of the establishment and a statement of the dimensions of such signs;
(m) Proof of compliance with the occupational license fee laws of the city;
(n) A certificate of occupancy where required and, in all other cases, a letter of compliance issued by the Director or his or her designee of City/County Planning and Zoning Commission certifying that the business is in compliance with applicable zoning laws or has nonconforming use rights, and that the proposed use will not constitute an enlargement or expansion of the scope of such nonconforming rights;
(o) A certificate from the Chief of the Division of Fire or his or her designee that all applicable fire regulations have been met, and in the case of a sexually-explicit amusement arcade, that all requirements of § 113.03(F) have been met;
(p) A statement from the Chief Building Inspector or his or her designee that the premises comply with applicable provisions of the Uniform Commonwealth Building Code, being 815 KAR 7:120, as adopted by the city;
(q) A statement from the District Health Department Director or his or her designee that the premises are adequately ventilated and contain public restrooms, which satisfy the requirements of 902 KAR 10:010. The District Health Department Director or his or her designee shall cause the premises of each licensee to be inspected annually to determine continued compliance with the provisions of this section;
(r) If the application is for a sexually-explicit escort service, the application must also include:
1. The hours that the escort service will be open to the public, including the hours any escorts are with a patron;
2. The methods of promoting the health and safety of escorts and protecting them from assault, battery, and rape;
3. The methods of supervising the escorts to prevent the escort from charging the patron any fee in addition to the fee paid to the escort service by the patron;
4. The methods of supervising the escorts to prevent the escort from soliciting acts of prostitution or offering to provide sexual stimulation or sexual gratification; and
5. The method of compensating the escorts.
(B) (1) The information required by division (A) above shall be at all times current even after the granting of a license by the Director. It shall be the responsibility of the operator or other person designated in the license application to notify the Director no later than the close of the first business day of the Director after the effective date of any changes, alterations, or modifications in any information contained in the application including, but not limited to: name of the establishment; any change in the corporate information required for the application; names and addresses of employees; names and addresses of the owners of the property on which the establishment is located; name and address of designated agent for service of process; nature of the activity or activities to be engaged in at the establishment; and the name and address of any person the applicant wants mail notice to be given in case of violation or other matters affecting the license.
(2) In addition, each sexually-explicit escort service licensed pursuant to this chapter shall keep a current list of all escorts providing service to it. This list must contain the name, address, and work permit card information for each escort and shall be available upon request to the Director, his or her designee, and any law enforcement officer.
(C) (1) The Director will cause the premises to be inspected after such application has been received and all application requirements of division (A) above are in compliance. The Director shall then issue a license forthwith if all restrictions, requirements, conditions, and all applicable requirements of this chapter and other applicable laws have been met, except that no license will be issued if the applicant or any owner, operator, director, partner, shareholder, or employee has been convicted of any offense set forth in KRS Ch. 528 (gambling), KRS Ch. 529 (prostitution), KRS 506.030 (if such solicitation pertains to an offense of solicitation of prostitution under KRS 529), KRS Ch. 510 (sexual offenses), KRS Ch. 531 (pornography), or any similar law of the United States or sister states of the commonwealth within the last five years; provided, however, the granting of a license does not certify compliance with all applicable laws nor does it stop the city from enforcement of all applicable law or ordinances.
(2) If inspection reveals failure to comply with any restrictions, requirements, or conditions pursuant to this division (C), the Director shall notify the applicant in writing of that fact, stating what failures have been discovered, allowing a reasonable time to correct such defects, and informing the applicant of the appeal procedure if the applicant does not agree with the Director’s decision.
(D) Any license granted according to this section shall at all times be conspicuously posted and displayed in a public area so as to be open to view of the patrons and proper public authorities.
(E) Application for or granting of a license according to this section is deemed to permit periodic inspections of any establishment required to have a license under this chapter by the Director or his or her designee or any city law enforcement officer for the purpose of verifying compliance with the terms and conditions of this chapter.
(F) Thirty days after the effective date of this chapter, no operator shall maintain, operate, or conduct an establishment engaging in sexually-explicit entertainment activities, defined under § 113.02, and thereafter no operator shall own, operate, or be employed at an establishment engaging in sexually- explicit entertainment activities which have sought and been denied a license according to this section, and unless all dancers, performers, and entertainers appearing at the establishment and escorts have obtained the work permit card required by division (J) below.
(G) No owner shall permit sexually-explicit entertainment activities to be conducted on his or her property unless and until such is properly licensed according to this section, except as permitted under division (F) above.
(H) No person shall permit himself or herself to be an operator or an employee at a sexually-explicit entertainment activity or sexually-explicit escort or escort service which has not been validly licensed according to this section, except as permitted under division (G) above.
(I) (1) All licenses shall be for the fiscal year, July 1 to June 30, or the remaining portion of such fiscal year. The annual license fee, other than for sexually-explicit escort services, shall be $2,500 and shall be pro-rated at the rate of $200 per month. The annual license fee for sexually-explicit escort services shall be $5,000 and shall be pro-rated at the rate of $400 per month. All license fees shall be remitted to the City Treasurer.
(2) Application for renewal of a license shall be made on or before June 30 of each year and accompanied by the annual fee along with any occupational license fee required by this code of ordinances. Such application shall also contain any changes in the information required by division (A) above which have occurred since the previous application.
(J) (1) Any person intending to be employed or to work in any capacity at a sexually-explicit entertainment establishment or sexually-explicit escort service shall, prior to engaging in the same, make application for a work permit card with the Director in accordance with this section.
(2) Such application shall be in writing, under oath, and shall be in the form prescribed by the Director and shall include:
(a) The legal name of the applicant, any and all names used by the applicant in the course of performance of his or her duties as a dancer, performer, or entertainer;
(b) The applicant’s residence address, the applicant’s date of birth, the applicant’s Social Security number; and
(c) A recent photograph of the applicant and the applicant’s fingerprints.
(3) The applicant shall submit with his or her application a one-time fee of $100. The Director shall grant the applicant the work permit card promptly after receiving a report from the Division of Police that the applicant has not been convicted in the past five years of an offense set forth in KRS Ch. 529 (prostitution), pandering, or under KRS Ch. 510 (sexual offenses), or of trafficking in a controlled substance or any similar law of the United States or sister states of the commonwealth.
(4) (a) The work permit card so granted shall remain valid unless the Director is informed that the applicant has been convicted in the past five years of an offense set forth in KRS Ch. 529 (prostitution), or an offense set forth in KRS Ch. 510 (sexual offenses), or pandering or of trafficking in a controlled substance or any similar law of the United States or sister states of the commonwealth.
(b) A work permit card shall be replaced if lost or stolen for a fee of $50. After the effective date of this chapter, no dancer, performer, or entertainer shall dance, perform, or otherwise be occupied in the providing of entertainment at a sexually-explicit entertainment establishment or sexually-explicit escort service without having obtained the work permit card required by this chapter.
(c) The work permit card must be carried in the possession of the person at all times the person is working or employed on behalf of the sexually-explicit entertainment establishment or sexually- explicit escort service. A separate work permit card is required in each name under which the person will provide sexually-explicit entertainment or sexually-explicit escort services.
(Ord. 685-01, passed - -) Penalty, see § 113.99