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Home My WebLink About98-11-5976110 ORDINANCE NO. 98-11- 5 9 9 (O AN ORDINANCE AMENDING SECTIONS VI AND IX OF CHAPTER 11, LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, Ic KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section VI, Licensing Requirements for Sexually Oriented Businesses, Managers, Entertainers and Escorts, of Chapter 11, Licensing and Regulation of Sexually Oriented Businesses and Employees of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. VI. Licensing requirements for sexually oriented businesses, managers, entertainers and escorts. 11-6(a). It shall be unlawful, after thirty (30) days from the effective date of this ordinance: 1. For any person to operate a sexually oriented business without 1 oriented b the Cityn ed business license issued a valid sexually o e t yursuant to this ordinance. p 2. For any person who operates a sexually oriented business to employ a manager, entertainer or escort who has not obtained a sexually oriented business employee license. 3. For any manager, entertainer or escort to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license. 11-6(b). An application for all licenses under this ordinance must be made on a form provided by the City. 11-6(c). All applicants must be qualified according to the provisions of this ordinance. The application may request and the applicant shall provide such information as to enable the City to determine whether the applicant meets the qualifications established in this ordinance. 11-6(d). If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who — ., ........�_ ,_W.ww .. 111 r M , wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted. 11-6(e). The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents: If the applicant is: (a) An individual the individual shall state his/her legal name and any alias's and submit proof that he/she is eighteen (18) years of age; (b) A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; (c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, evidence that the corporation is authorized to do business in the Commonwealth of Kentucky, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process. 2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state 1)the sexually oriented business' fictitious name and 2) submit the required registration documents. 3. The applicant must state whether he/she has been convicted of any offenses relating to prostitution, solicitation, or sexual offenses under any state or federal laws within the last three (3) years prior to the date of the application, and, if so, what the conviction involved, the date, place, and jurisdiction of each conviction. 4. Whether the applicant has had a previous license under this ordinance or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant has been a partner in a partnership or an officer, director, principal stockholder of a corporation that is licensed under this ordinance whose license has been 112 previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked as well as the date of denial, suspension, or revocation. Whether the applicant or a person residing with the applicant holds any other licenses under this ordinance or other similar sexually oriented business ordinances from another city or county and, if so, the names and locations of such other licensed businesses. 6. The location of the proposed sexually oriented business, including a street address, and telephone number(s) if any. A two inch by two inch (2" x 2") color photograph and one (1) duplicate photograph of the applicant(s) taken within six (6) months of the date of the application, showing only the full face of the applicant(s). The photographs shall be provided at the applicants' expense. The license, when issued, shall have affixed to it one such photograph of the applicarnt(s). 7. The applicant(s) social security number and/or his/her state or federally issued tax identification number. 8. Each applicant(s) shall submit to a complete set of fingerprints on forms as prescribed by the Chief of Police. The fingerprints shall be attached to the application. 9. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram shall designate all areas which patrons are not permitted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. If the applicant wishes to operate a sexually oriented business which will feature live performances, then the sketch or diagram shall demonstrate that the performance area complies with the requirements of section 11-18(a) of this ordinance. In addition, if the applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, or other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall supply a sketch or diagram showing that the interior configuration complies with the requirements set forth in section 11-5(a)(2). 113 10. Applicants for a license under this ordinance shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (3 0) days from the date of such change by supplementing the application on file with the City shall be grounds for suspension of a license. 11. The applicant must be qualified according to the provisions of this (DI ordinance, must have a current City business license, and the premises must be inspected and found to be in compliance with health, fire, zoning, plumbing and building codes of the City. 12. Applicants for a license under this ordinance shall describe the nature of the activity or activities to be engaged in at the establishment. 14. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business license. 15. The application form for licenses issued under this ordinance shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of their knowledge. 11-6(f). All managers, entertainers, and escorts shall make application for a sexually oriented business employee license on a form provided by the City which shall contain the following information: 1. The legal name of the applicant and all other names, including stage names or aliases used by the applicant; 0 2. The age, date and place of birth of the applicant; 3. The hair, weight and eye color of the applicant; 4. The applicant's social security number; 114 any; The present residence, address and phone number of the applicant, if 6. Proof that the individual is'at least eighteen (18) years of age; 11-6(g). Attached to the application form for a sexually oriented business employee license shall be the following: 1 1. A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Paducah Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant. 2. A statement detailing whether the applicant has been convicted in the past five three (3) years of an offense for prostitution, solicitation, pandering, or sexual offenses under the laws of any state or the United States of America. The applicant shall provide the date of any such conviction, the place and jurisdiction of the conviction. 3. A statement detailing whether the applicant has had a license under this ordinance or any other similar ordinance in any other county or state that has been revoked or suspended in the last three (3) years. The applicant shall state the date, place, and jurisdiction of the revocation or suspension and the reason for such revocation and suspension. 4. A sexually oriented business employee license shall take the form of an identification card which shall contain a color photograph containing the licensee's. legal name, date of birth, the height, weight, hair and eye color, the licensee's address, and the expiration date of the license. SECTION 2. That Section IX, Fees, of Chapter 11, Licensing and Regulation of Sexually Oriented Businesses and Employees of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. IX. Fees. 11-9(a). Every application for a sexually oriented business license, whether for a new license or for renewal of an existing license, shall be accompanied by a fifteen hundred j do ($1,5" three hundred dollars ($300.00) non-refundable application and investigation fee. 11-9(b). If the application for a sexually.oriented business license is granted, whether for a new license or for renewal of an existing license, the applicant shall pay an annual non-refundable license fee of one hundred dollars 115 $100.00. If the license is granted at a date later than July 1, than such license fee shall be prorated on a monthly basis. 11-9(c). Every application for a sexually oriented business employee license, whether for a new license or for renewal of an existing license, shall be accompanied by a one r.,mdrea and se mty five doll,.- ($175.00) thirty-five dollars ($35.00) non-refundable application and investigation fee. 11-9(d). If the application for a sexually oriented business employee license is granted, whether for a new license or for renewal of an existing license, the applicant shall pay an annual non-refundable license fee of seventy five dollars ($75nm fifteen dollars($15.00). If the license fee is granted after July 1, it shall be prorated on a monthly basis. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: .ISAh. Ixe *W8Mi41v'Xe4at"kxx Tammara S. Brock Asst. City Clerk Introduced by the Board of Commissioners, November 10, 1998 Adopted by the Board of Commissioners, November 17, 1998 Recorded by Lenita Smith, City Clerk, Novemb r 17, 1998 Published by The Paducah Sun, r n 451 jggp \winword\ord\plan\ch 11 (D