For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ADULT ARCADE." Any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
"ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE." A business having as a substantial and significant portion of its stock and trade, revenues, space or advertising expenditures, resulting from the sale, renting or viewing of one or more of the following:
(1) Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes or video reproductions, laser disks, slides or other visual representations which depict or described specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia, which are designed for, specified sexual activities.
"ADULT CABARET." A nightclub, bar, tavern, restaurant or similar business which regularly features:
(1) Persons who appear in a state of nudity or partial nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Film, motion pictures, videocassettes, slides or other photographic reproductions, which are characterized by the depiction or description of, specified sexual activities or specified anatomical areas.
"ADULT MOTEL." A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions;
(2) Offers or advertises a sleeping room for rent for a period of Lime that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours.
"ADULT MOTION PICTURE THEATER." A business where films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
"ADULT THEATER." A theater, concert hall, auditorium, or similar facility which regularly features persons who appear in a state of nudity or partial nudity or live performances which are characterized by the exposure or specified anatomical areas of by specified sexual activities.
"ANYBODY." Any human being, and/or any combination thereof in the form of sole proprietorship, partnership, corporation, joint venture, unincorporated association, or otherwise.
"APPLICABLE LAWS."The provisions of this chapter and the constitutions, statues, ordinances, rules, regulations and other laws of the United States, Commonwealth of Kentucky, County of Kenton, City of Taylor Mill, and any other governmental entity or agency having jurisdiction.
"EMPLOYEE." Includes any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "EMPLOYEE" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
"ESCORT." A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
"ESCORT AGENCY." A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
"ESTABLISHMENT." Any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
"EVERYBODY." Every human being, and/or any combination thereof, in the form of a sole proprietorship, partnership, corporation, joint venture, unincorporated association or otherwise.
"LICENSEE." Any body in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
"MANAGER." Any employee of a sexually oriented business who acts as a manager or supervisor of other employees, finances or patrons of the business or who is otherwise responsible for the operation of the business.
"NOBODY." Not anybody, or no human being, or any combination thereof, in the form of a sole proprietorship, partnership, corporation, joint venture, unincorporated association, or otherwise.
"NUDE MODEL STUDIO." Any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "NUDE MODEL STUDIO" shall not include a proprietary school licensed by the Commonwealth of Kentucky, or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure; and no other advertising that indicates a nude or semi-nude person is available for viewing;
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
"NUDITY OR A STATE OF NUDITY." The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
"PEEP BOOTH." Any room, other than a private room, of less than 150 square feet of floor space upon the premises of a sexually oriented business where there is exhibited photographs, films, motion pictures, video cassettes, or other video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
"PERSON." An individual, proprietorship, partnership, corporation, association, or other legal entity, or anybody as defined herein.
"PRIVATE ROOM." A room in an adult motel that is not a peep booth, has a bed in the room, has a bath in the room or adjacent to the room, and is used primarily for lodging.
"REGULARLY." A recurring and substantial course of conduct, such that the films or performances shown constitute a substantial portion of the films or performances-offered as part of the regular activity of the sexually oriented business.
"SEMI-NUDE" or in "PARTIALLY-NUDE CONDITION." The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
"SEXUAL ENCOUNTER CENTER." An establishment, business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex;
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude; or
(3) A place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one or more of the persons exposes any specified anatomical area.
"SEXUALLY ORIENTED BUSINESS." An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter establishment, or any similar operation.
"SEXUALLY ORIENTED BUSINESS LICENSE." A license required by an ordinance of the City of Taylor Mill, pursuant to its police power; for the purpose of the regulation of sexually oriented business within the city, in a manner which will protect the property values, neighborhoods and residents from the potentially adverse secondary effects of sexually oriented businesses, while providing an opportunity to patronize sexually oriented businesses for those who are desirous thereof.
"SEXUALLY ORIENTED BUSINESS LICENSE FEE." A fee required by an ordinance of the City of Taylor Mill, pursuant to its police power, for each sexually oriented business license, to provide the money necessary to pay the expenses of policing and regulating sexually oriented business activities and operations within the city, including, without limitation, the expense of issuing licenses therefore.
"SPECIFIED ANATOMICAL AREAS" are defined as follows:
(1) Less than complete and opaquely covered; human genitals, pubic region, buttocks and female breast below a point above the top of the areola.
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
"SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of the Commonwealth of Kentucky or other state or country;
(2) For which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
"SPECIFIED SEXUAL ACTIVITIES." Acts, simulated acts, exhibitions, representations, depictions or description of:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Fondling or other erotic touching of human genitals, pubic regions, buttocks and female breasts.
(3) Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.
(4) Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.
(5) Flagellation, mutilation or torture for purpose of sexual arousal, gratification or abuse.
"STAGE." A raised floor or platform at least three feet above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least 36 square feet in area.
"SUBSTANTIAL ENLARGEMENT." Increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on the date the provisions of this chapter takes effect.
"TRANSFER OF OWNERSHIP OR CONTROL." A sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal devise, which transfers ownership or control of the business.
Editor’s note:
A commercial establishment may have other principal business purposes that "SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS" and still be categorized as "ADULT BOOKSTORE," "ADULT NOVELTY STORE," or "ADULT VIDEO STORE." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "ADULT BOOKSTORE," "ADULT NOVELTY STORE," or "ADULT VIDEO STORE" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS."
(Ord. 175 (6-27-01), passed 6-27-01)