(A) 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 City Clerk/Treasurer in accordance with this section.
(B) The application shall be in writing, under oath and shall be in the form prescribed by the City Clerk/Treasurer and shall contain the following information together with further information as the City Clerk/Treasurer may require:
(1) The name and location of the 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 an ownership interest in the licensee, the natural person to be determined as follows:
(a) If the licensee is one or more natural persons, then all 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;
(b) 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; and
(c) 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 shares in the licensee, owns a greater portion of the shares in the licensee than any other individual natural person shall comply.
(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 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 issuance of the license. The application shall furnish the name and the address of the owner of record of the real property and a copy of the lease or rental agreement or memorandum thereof;
(5) 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 of this chapter and with the rules and regulations promulgated by the City Clerk/Treasurer as stated herein below together with the sworn affidavit of that individual stating that he or she has received a copy of this chapter, that he or she understands the conditions of this chapter and that he or she willfully undertakes on behalf of the applicant to comply therewith;
(6) 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 that individual stating that he or she has received a copy of this chapter, that he or she understands the requirements hereto pertaining to disclosure of information and that he or she willfully undertakes on behalf of the applicant to comply therewith;
(7) The name and addresses of any rental agent of the property on which the establishment is located;
(8) The nature of the activity or activities to be engaged in at the location;
(9) The name and address of any person to whom the applicant wants mailed notice to be given in case of violation of other matters affecting the license hereunder;
(10) 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 the signs;
(11) Proof of compliance with city occupational license fee laws;
(12) A certificate of occupancy where required and, in all other cases, a letter of compliance issued by the Zoning Inspector 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 the nonconforming rights;
(13) A certificate from the Fire Chief or his or her designee that all applicable fire regulations have been met;
(14) A statement from the Building Inspector that the premises comply with applicable provisions of the state’s Uniform Building Code, as adopted by the city; and
(15) A statement from the county’s Board of Health that the premises are adequately ventilated and contain public restrooms, which satisfy the requirements of 902 KAR 10:010.
(C) The information required shall be at all times current even after the granting of a license by the City Clerk/Treasurer. It shall be the responsibility of the operator or other person designated in the license application to notify the City Clerk/Treasurer no later than the close of the first business day of the City Clerk/Treasurer after the effective date of any changes, alterations or modifications in any information contained in the application including, but not limited to: Name of establishment; any change in the corporate information required for the application; 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; 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.
(D) The City Clerk/Treasurer will cause the premises to be inspected after the application has been received and all application requirements have been complied with. The City Clerk/Treasurer 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. 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 laws or ordinances. If inspection reveals failure to comply with any restrictions, requirements or conditions herein, the City Clerk/Treasurer shall notify the applicant in writing of that fact, stating what failures have been discovered, allowing a reasonable time to correct the defects and informing the applicant of the appeal procedure if the applicant does not agree with the City Clerk/Treasurer’s decision.
(E) 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.
(F) Application for or granting of a license according to this section is deemed to permit periodic inspections of the public areas of any establishment requiring a license under this chapter for the purpose of verifying compliance with the terms and conditions of this chapter.
(G) No operator shall maintain, operate or conduct an establishment engaging in adult entertainment activities defined under this chapter unless the person has made an application for a license, and thereafter no operator shall own, operate or be employed at an establishment engaging in adult entertainment activities which has sought and been denied a license according to this section.
(H) No person shall operate, own or be employed at an unlicensed adult entertainment activity defined under this chapter.
(I) No person shall permit himself or herself to be an operator or an employee at an adult entertainment activity which has not been validly licensed according to this section.
(J) No owner shall permit adult entertainment activities to be conducted on his or her property unless and until he or she is properly licensed according to this section.
(Prior Code, § 118.03) Penalty, see § 118.99