(A) The owner or operator of an establishment providing or intending to provide, adult entertainment, whether or not previously licensed, shall make application for a city adult establishment license with the City Clerk in accordance with this subchapter.
(B) Such application shall be in writing, under oath, and shall be in the form prescribed by the City Clerk and shall contain the following information:
(1) The name and location of the adult establishment and the name and business address of the applicant;
(2) The name, address, date of birth, Social Security number and photograph of a natural person with ownership interest in the adult establishment, such natural person to be determined as follows:
(a) If the licensee is one or more natural persons, then one natural person may apply for the license upon certification that such person owns a greater share in the licensee than any other person;
(b) If the licensee is a partnership, then the natural person designated as the managing general partner or managing partner in the partnership agreement shall apply, and a copy of the partnership agreement shall be attached to the license application. If the partnership agreement does not designate a natural person as a managing partner or a managing general partner, then the natural person who by virtue of his or her interest or holding in the partnerships and/or corporations which have formed the partnership owns a greater share of the licensee than any other single natural person shall apply. If no partnership agreement exists, then all partners, either general or limited, shall apply; and
(c) If the licensee is a corporation, the natural person, if any, who owns a greater number of shares in the corporation than any other person shall apply. 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 interest or holdings in one or more of the partnerships or other corporations which owns shares in the licensee owns a greater portion of the licensee than any other individual natural person shall apply.
(3) 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;
(4) In the event the applicant or licensee is not the owner of record of the real property on which the adult 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 an adult establishment is to be located on the real property upon the issuance of a license. The applicant shall also furnish the name and address of the owner of record of the real property and a copy of the lease or rental agreement;
(5) The name, address, date of birth, Social Security number and photograph of all persons engaged in day-to-day employment or contract labor on the licensed premises. If the licensee is to engage in the sale, rental or showing of adult books, goods, films or materials, then all persons designated to engage in the selection thereof for sale or rental or showing shall be subject to the provisions of this division (B)(5). All persons who at any time shall be responsible for attending the entrance of the adult establishment for the purpose of ensuring compliance with the provisions of § 117.17 of this chapter shall be subject to the provisions of this division (B)(5);
(6) The name, address, date of birth, Social Security number and photograph of the person or persons 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; together with the sworn affidavit of that person stating that they have received a copy of this chapter and that they willfully undertake on behalf of the applicant to comply therewith;
(7) The name, address, date of birth, Social Security number and photograph of the person or persons designated by the applicant or licensee to be responsible for keeping the information required hereunder current at all times; together with the sworn affidavit of that person or persons stating that they have received a copy of this chapter, that they understand the requirements thereof pertaining to disclosure of information, and that they willfully undertake on behalf of the applicant to comply therewith;
(8) The name and address of any rental agent of the property on which the adult establishment is or is to be located;
(9) The nature of the activity or activities to be engaged in at such location;
(10) All criminal convictions, other than traffic violations, of the applicants, owners, directors, partners or employees whose names are required pursuant to this chapter. Any such person who is on parole shall provide the terms of such parole with the application;
(11) The name and street address of any person to whom the applicant designates that notice be given in case of violation or other matters affecting the license hereunder;
(12) A photograph or drawing of any sign displayed or proposed to be displayed on the exterior of the adult establishment and a statement of the dimensions of such sign;
(13) Proof of compliance with the occupational license fee laws of the city;
(14) A certificate of occupancy where required and, in all other cases, a letter of compliance issued by the Zoning Administrator of the county’s Planning Commission certifying that the business complies with the applicable zoning ordinance or has non-conforming use rights and that the proposed use will not constitute an enlargement or expansion of the scope of such non-conforming rights;
(15) A certificate from the Fire Marshal that all applicable fire regulations have been met;
(16) A statement from the Chief Building Inspector that the premises complies with the applicable provisions of the Uniform Kentucky Building Code as adopted by the city; and
(17) A statement from the county’s Health Department Director that the premises is adequately ventilated and contains public restrooms which satisfy the requirements of 902 KAR 10:010. The county’s Health Department Director shall cause the premises of each licensee to be inspected annually to determine continued compliance with the provisions of this section.
(C) The certificates and/or statements which are to be obtained from the Zoning Administrator of the county’s Planning Commission, the Fire Marshal, the Chief Building Inspector and the county’s Health Department Director shall be granted or denied within 30 days after the receipt of a written request for such certificate or statement. If a required certificate or statement is not granted or denied within that 30-day period, then the certificate or statement shall be deemed to have been granted for the current licensing period if the applicant submits with their application an affidavit setting forth the applicant’s good-faith effort to obtain the certificate or statement. The affidavit shall be signed by applicant, state the date on which the written request for the particular certificate or statement was made, the name and address of the person to whom the written request for the certificate or statement was made, that the certificate or statement has not been granted or denied within 30 days of the date of the written request, and attaching a copy of the written request. Nothing herein shall be deemed or construed to relieve any individual or entity of the responsibility to comply with all applicable statutes, ordinances and regulations.
(Ord. 993-299, passed 5-19-1993)