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(A) An operator or his employee engaging in an adult entertainment activity shall not permit a person under 18 years of age to be employed by or enter his establishment. This section shall not be construed to be an exemption from or in conflict with any requirement found in any statute, ordinance, regulation, or other provision of law applicable to a licensee or potential licensee hereunder which is more stringent in terms of an age requirement for employees.
(B) An operator engaging in an adult entertainment activity shall, at all times, cause the entrance of his establishment to be so attended as to insure compliance with the requirements contained in division (A) above.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
An establishment licensed to engage in adult entertainment shall not conduct business in the nature of adult entertainment, whether live or on film or video tape or to perform massage or to sell or rent sexual paraphernalia or tapes, between the hours of 4:00 a.m. and 6:00 a.m.
(Ord. 15-1987, passed 10-5-87; Am. Ord. 9-1993, passed 12-13-93) Penalty, see § 113.99
An adult amusement arcade, except as otherwise provided by laws which may be more restrictive, shall meet the following requirements:
(A) Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than one hour fire-restrictive material and shall contain no hole or other perforation.
(B) A person who operates or causes to be operated an adult amusement arcade which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s or cashier’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this division must be by direct line of sight from the manager’s or cashier’s station.
(2) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to insure that the view area specified in division (1) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times.
(3) No viewing room may be occupied by more than one person at a time.
(C) There shall be no fewer than two doorways, each of a width of not less than 36 inches, which provides ingress or egress from any room in which an amusement device or viewing area is located; however, one doorway shall be sufficient in the event the Fire Chief or his designee should so determine. The doorway or doorways shall be unlocked during business hours.
(D) Over every doorway which provides egress from any room in which an amusement device or viewing area is located, there shall be maintained an internally illuminated exit sign with letters at least five inches in height.
(E) A light level of no less than 1.0 footcandles at floor level shall be maintained in every portion of said establishment to which the public is admitted.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
(A) The public entrance to an establishment engaging in adult entertainment activities shall not be located within l,000 feet of any building containing a public or private elementary, middle, or secondary school, institution of higher education, or business college; of any park, mall, or park-like area of open space under the control of a governmental agency; of any building used for a place of religious worship; or of 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 real estate on which said building or public park-like area is located to the entrance to the establishment engaging in an adult entertainment activity.
(B) The public entrance to an establishment engaging in adult entertainment activities may not be located within l,000 feet of an area zoned R-E, R-l, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R-8A, OR-l, OR-2, OR-3, OTF, or from an area used for residential purposes. Such distance shall be measured along a straight line from the boundary line of the newest area zoned or used for residential purposes to the entrance to the establishment engaging in an adult entertainment activity.
(C) The public entrance to an establishment engaging in adult entertainment activities shall not be located within l,000 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 500 feet of the public entrance of an establishment licensed to serve alcoholic beverages.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
LICENSING
(A) No operator shall maintain, operate, or conduct an establishment engaging in any adult entertainment activities defined under § 113.04 unless such person has made an application for a license, and no operator shall own, operate, or be employed at an establishment engaging in adult entertainment activities which has sought and been denied a license hereunder, and unless all dancers, performers, and entertainers appearing at the establishment have obtained the license required by § 113.31.
(B) No person shall operate, own, or be employed at an unlicensed adult entertainment activity defined under § 113.04.
(C) No owner shall permit adult entertainment activities to operate on his property without such adult entertainment activities being properly licensed.
(D) No person shall permit himself to be an operator or an employee at an adult entertainment activity which has not been validly licensed hereunder.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
The owner or operator 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 Director in accordance with this section. Such application shall be in writing, under oath, 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, Social Security number, and photograph 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 persons, then all such natural persons shall comply, or any one natural person may comply for the licensee upon certification that he 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 partner, then the natural person or persons who by virtue of his/their interest or holding in the partnerships and/or corporations which have formed the partnerships own equal or greater shares of the licensee 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 or persons who by virtue of his/their interests or holdings in one or more partnerships or other corporations that own shares in the licensee own an equal or greater portion of the shares 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 an adult 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 or memorandum thereof.
(E) The name, address, date of birth, Social Security number, and photograph of all persons engaged in the day-to-day management of the licensed 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 § 113.04, then all persons designated to engage in the selection of such books and movies to be offered for sale or rental or to be shown on the licensed premises, shall be included in the provisions of this division. All persons who at any time shall be responsible for attending the entrance of the establishment for the purpose of insuring compliance with the provisions of § 113.12 shall be included in the provisions of this division.
(F) The name, address, date of birth, Social Security number, and photograph 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 hereof and with the rules and regulations promulgated by the Director pursuant to § 113.40 hereof, together with the sworn affidavit of said individual stating that he has received a copy of this chapter, that he understands the restrictions, requirements, and conditions hereof, and that he willfully undertakes on behalf of the applicant to comply therewith.
(G) The name, address, date of birth, Social Security number, and photograph 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 said individual stating that he has received a copy of this chapter, that he understands the requirements hereof pertaining to disclosure of information, and that he willfully undertakes on behalf of the applicant to comply therewith.
(H) The name and address 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 other than traffic violations of the applicants, owners, directors, partners, or employees whose names are required pursuant to this section. Any such person who is on parole 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 sign displayed or proposed to be displayed on the exterior of the establishment and a statement of the dimensions of such sign.
(M) Proof of registration with the Commissioners of the Sinking Fund, proof of compliance with county occupational license fee laws, and the licensing by the City Clerk/Tax Assessor and the City Occupational Tax Administrator.
(N) A certificate of occupancy, where required, and in all other cases a letter of compliance issued by the County Zoning Enforcement Officer or his designee 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 Fire Chief that all applicable fire regulations have been met and, in the case of an adult amusement arcade, that all requirements of § 113.14 have been met.
(P) A statement from the County Director of the Physical and Environmental Services Cabinet or his designee that the premises comply with applicable provisions of the Uniform Kentucky Building Code as adopted by Jefferson County and, in the case of an adult amusement arcade, that all requirements of § 113.14 have been met.
(Q) A statement from the Director of Public Health Services of the Louisville and Jefferson County Board of Health or his designee that the premises are adequately ventilated and contain public restrooms which satisfy the requirements of 902 KRS 10:010. Said Director of Public Health Services or his designee shall cause the premises of each licensee to be inspected quarterly to determine continued compliance with the provisions of this section.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
(A) The information required by § 113.26 shall be at all times current even after the granting of a license by the Director.
(B) 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 of address of the owner or operator 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, names and addresses of any rental agents of the property on which the establishment is located, names 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.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
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