(A) An establishment engaging in a sexually explicit entertainment activity, except as otherwise provided by laws which may be more restrictive, may not have more than one (1) outside flush to the wall, facial style sign, not to exceed in size ten (10) feet in length (horizontal to the ground) and three (3) feet in width (vertical to the ground) with no flashing lights and with no lettering, wording, or pictorial or representational matter which is distinguished or characterized by an emphasis on the human anatomy, in a clothed or unclothed state, and/or depictions of sexual activities as defined in this chapter.
(B) An establishment engaging in a sexually explicit entertainment may not display its stock in trade or matter depicting, describing, or relating to sexual activities in such manner as to be subject to public view from outside the establishment, including but not limited to view from public sidewalks, streets, arcades, hallways, or pass ways.
(C) An operator of an establishment engaging in a sexually explicit entertainment activity or sexually explicit escort service or his employee shall not permit a person under eighteen (18) years of age to be employed by or to enter his establishment or to be a patron of such service; provided, however, that a licensed sexually explicit entertainment establishment which devotes only a portion of its business premises to sexually explicit entertainment or material may permit the public, generally including minors, to enter the portions of the premises within which no sexually explicit entertainment or material is visible or on display. This provision 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.
(D) An operator engaging in a sexually explicit 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 this chapter.
(E) An establishment licensed to engage in sexually explicit entertainment shall not provide such entertainment between the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(F) A sexually explicit amusement arcade, except as otherwise provided by laws which may be more restrictive, shall meet the following requirements:
(1) 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 (1) hour fire- restrictive material and shall contain no hole or other perforation.
(2) A person who operates or causes to be operated a sexually explicit amusement arcade which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, DVD or other reproduction which depicts sexual activities as defined in this chapter, shall comply with the following requirements:
(a) The interior of the premises shall be configured in such a manner that there shall be an unobstructed, direct line of sight 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.
(b) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in this chapter above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times.
(c) No viewing room may be occupied by more than one (1) person at a time.
(3) There shall be no fewer than two (2) doorways, each of a width not less than thirty-six (36) inches, which provide ingress or egress from any room in which an amusement device or viewing area is located; provided, however, that one (1) doorway shall be sufficient in the event the Building Inspector or his/her designee should so determine. The doorway or doorways shall be unlocked during business hours.
(4) 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 (5) inches in height.
(5) A light level of no less than ten (10)-foot candles at floor level shall be maintained in every portion of the establishment to which the public is admitted.
(6) All persons regulated pursuant to this section must comply with the terms and conditions of this chapter within sixty (60) days after the effective date of this chapter.
(G) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than one thousand (1,000) feet from any church, synagogue, or other permanent place of worship, licensed day care center, public or private elementary, middle, or secondary school, institution of higher learning, or business college, or any park, mall, shopping centers, mall, or park-like area of open space under the control of a governmental agency. Such distance shall be measured along a straight line from the nearest property line of the real estate on which that building or public park-like area is located to the entrance to such establishment engaging in a sexually explicit entertainment activity.
(H) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than one thousand (1,000) feet from any area zoned residential. Such distance shall be measured along a straight line from the boundary line of the nearest area zoned for residential purposes to the entrance to such establishment engaging in a sexually explicit entertainment activity.
(I) The public entrance to a sexually explicit entertainment establishment shall not be located nearer than seven hundred and fifty (750) feet from the public entrance of another sexually explicit entertainment activity establishment. Such distance shall be measured in a straight line from the nearest entrance to a building containing an existing sexually explicit entertainment establishment to the entrance or proposed entrance to the building containing the proposed new sexually explicit establishment.
(J) Notwithstanding the provisions of the immediately preceding sections above to the contrary, any person who has been issued a sexually explicit entertainment license which is in effect as of the effective date of this chapter and any person who is lawfully engaged in a sexually explicit entertainment activity defined under this chapter, who obtains a license therefore within the time required by this chapter may continue to engage in the sexually explicit entertainment activity in which such person lawfully engages as of the effective date of this chapter as a non-conforming use subject to the limitations of KRS 100.253 and such other restrictions on non- conforming uses as are provided by law.
(K) No adult entertainer, dancer or escort shall be permitted to have any physical contact with any other adult entertainer, dancer, escort, employee, patron or spectator while that adult entertainer, escort or dancer is performing.
(L) No alcoholic beverages shall be present, stored, or consumed on any premises licensed for adult entertainment.
(Ord. 2008-19, passed 6-3-08)