HomeMy WebLinkAbout98-8-5925649
ORDINANCE NO. 98- 8::592S
AN ORDINANCE PROVIDING FOR LICENSING AND
REGULATION OF SEXUALLY ORIENTED
BUSINESSES AND EMPLOYEES UNDER CHAPTER
11 OF THE CODE OF ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
WHEREAS, the Board of Commissioners of the City of Paducah is concerned about
the secondary effects and impacts of sexually oriented businesses such as adult amusement
arcades, adult book stores, adult cabarets, adult motels, adult motion picture theaters, adult
stage theaters, commercial sexual entertainment centers and escort agencies; and
WHEREAS, sexually oriented businesses require special supervision in order to
protect and preserve the health, safety and welfare of the patrons of such businesses as well as
the citizens of the City; and
WHEREAS, the Board of Commissioners find that sexually oriented businesses are
frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a
casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the City which demands regular regulation of sexually oriented businesses in order
to protect the health and well-being of the citizens; and
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure
that operators of sexually oriented businesses comply with reasonable regulations and to ensure
that operators do not knowingly allow their establishments to be used as places of illegal sexual
activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented
businesses, because of their very nature, have a deleterious effect on both the existing
businesses around them and the surrounding residential areas adjacent to them, causing
increased crime and the down -grading of property values; and
WHEREAS, the Board of Commissioners desire to minimize and control these
adverse effects and thereby protect the health, safety and welfare of the citizenry; protect the
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citizens from increased crime; preserve the quality of life; preserve the property values and
character of surrounding neighborhoods nand deter the spread of urban blight; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities
protected by the First Amendment, but to enact a content neutral ordinance which addresses
the secondary effects of sexually oriented businesses; and
WHEREAS, it is not the intent of the Board of Commissioners to condone or
legitimize the distribution of obscene material, and the Board of Commissioners recognizes
that state and federal law prohibits the distribution of obscene materials and expects and
encourages state law enforcement officials to enforce state obscenity statutes against any such
illegal activities in the City.
PURPOSE AND FINDINGS
11-1(a). Purpose. It is the purpose of this ordinance to regulate sexually oriented
businesses in order to promote the health, safety, and general welfare of the citizens of the city,
and to establish reasonable and uniform regulations relating to sexually oriented businesses.
The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually oriented
materials. Similarly, itis not the intent nor effect of this ordinance to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment, or to deny access by
the distributors and exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of
obscene material.
11-1(b). Findings. Based on evidence concerning the adverse secondary effects of
adult uses on the community presented in reports made available to the Board of
Commissioners, and on findings incorporated in the cases of City of Renton v Flay Time
Theaters, Ina, 475 U.S. 41 (1986), Young vs. American Mini Theaters, 426 U.S. 50 (1976),
and Barnes v Glen Theater, Ina, 501 U.S. 560 (1991), and on studies in other communities
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota, Houston, Texas;
Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California, Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma;
Cleveland, Ohio; and Beaumont, Texas; and also on findings from the report of the Attorney
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General's Working Group on the regulation of sexually oriented businesses, (June 6, 1989,
State of Minnesota), the Board of Commissioners finds:
Sexually oriented businesses lend themselves to ancillary unlawful and
unhealthy activities that are presently uncontrolled by the operators of the establishments.
Further, there is presently no mechanism to make the owners of these establishments
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l responsible for the activities that occur on their premises.
2. Certain employees of sexually oriented business defined in this
ordinance as adult theaters and cabarets engage in higher incidents of certain types of illicit
sexual behavior than employees of other establishments.
Sexual acts, including masturbation, and oral and anal sex, occur at
sexually oriented businesses, especially those which provide private or semi -private booths or
cubicals for viewing films, videos or live sex shows.
4. Offering and providing such space encourages such activities which
creates unhealthy conditions.
5. Persons frequent certain adult theaters, adult arcades, and other
sexually oriented businesses for the purpose of engaging in sex within the premises of such
-� sexually oriented businesses.
6. At least fifty (50) communicable diseases may be spread by activities
occurring in sexually oriented businesses, including but not limited to, syphilis, gonorrhea,
human immunodeficiency virus infection (HIV -AIDS), genital herpes, hepatitis B, non-A, non-
B amebiasis, salmonella infections, and shigella infections.
7. Since 1981 and to the present, there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the
United States. Through December 31, 1997, there have ben 619,690 reported cases of AIDS
in the United States.
8. As of December 31, 1997, there have been 2,583 reported cases of
AIDS in the Commonwealth of Kentucky.
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9. The Surgeon General of the United States in his report of October,
1986, has advised the American public that AIDS and HIV infection may be transmitted
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through sexual contact, intravenous drug abuse, exposure to infected blood and blood
components, and from an infected mother to her newborn.
10. According to the best scientific evidence, AIDS and HIV infection, as
well as syphilis and gonorrhea, are principally transmitted by sexual acts.
11. Sanitary conditions in some sexually oriented businesses are unhealthy,
in part, because the activities conducted there are unhealthy, and, in part, because of the
unregulated nature of the activities and the failure of the owners and operators of the facilities
to self -regulate those activities and maintain those facilities.
12. Numerous studies and reports have determined that semen is found in
the areas of sexually oriented businesses where persons view adult oriented films.
13. The findings noted in paragraphs 1 through 12 raise substantial
governmental concerns.
14. Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial governmental concerns.
15. A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators of the sexually
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oriented businesses. Further, such a licensing procedure will place a heretofore non-existent
incentive on the operators to see that the sexually oriented business is run in a manner
consistent with the health, safety, and welfare of its patrons and employees, as well as the
citizens of the city. It is appropriate to require reasonable assurances that the licensee is the
actual operator of the sexually oriented business, fully in possession and control of the premises
and activities occurring therein.
16. Removal of doors on adult booths and requiring sufficient lighting on
premises with adult booths advances a substantial governmental interest in curbing the illegal
and unsanitary sexual activity occurring in adult theaters.
IT Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce the incidence of 01
certain types of criminal behavior by facilitating the identification of potential witnesses or
suspects and by preventing minors from working in such establishments.
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18. The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually oriented business,
where such information is substantially related to the significant governmental interest in the
operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
19. It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees who may engage in the
conduct which this ordinance is designed to prevent or who are likely to be witnesses to such
activity.
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20. The fact that an applicant for an adult use license has been convicted of
a sexually related crime leads to the rational assumption that the applicant may engage in that
conduct in contravention of this ordinance.
21. The baring of such individuals from certain types of employment at
sexually oriented businesses for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
22. The general welfare, health and safety of the citizens of the city will be
promoted by the enactment of this ordinance.
SECTION H. DEFINITIONS
11-2. For purposes of this ordinance, certain terms and words are defined as
follows, unless the context clearly indicates or requires a different meaning:
1. "Adult Amusement Arcade" means any place to which the public is
permitted or invited wherein coin operated, slug operated, or for any form of consideration,
electronically, electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser disk players, 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".
2. "Adult Book Store", "Adult Novelty Store", or "Adult Video Store", means
a commercial establishment which, as one of its principal purposes, offers for sale or rental for
any form of consideration any one or more of the following:
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(a) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes or video reproductions, slides , or other
visual representations which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas"; or
(b) Instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities".
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material depicting or describing
"specified sexual activities" or "specified anatomical areas" and still be characterized as "Adult
Book Store", "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
Book Store", "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".
3. "Adult Cabaret" means a night club, bar, restaurant, or similar
commercial establishment which regularly features:'
(a) Persons who appear in a state of nudity or semi-nude; or
(b) Live performance which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities"; or
(c) 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".
4. "Adult Motel' means a hotel, motel, or similar commercial
establishment which:
(a) 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';
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and has a sign visible from the public right-of-way which advertises the availability of this
adult -type photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less
than ten (10) hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten (10) hours.
5. "Adult Motion Theater" means a commercial establishment where, for
any form of consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown which are characterized by the dominant
depiction or description of "specified sexual activities" or "specified anatomical areas".
6. "Adult Stage Show Theater" means a theater, concert hall, auditorium,
or similar commercial establishment which regularly features persons who appear in a state of
nudity or semi-nude, or live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities".
7. "City" shall mean the City of Paducah, Kentucky.
8. 'Director" shall mean the City Manager or his/her designee.
9. 'Employee" shall mean 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 on the
premises.
10. 'Entertainer" means any person who provides sexually oriented
entertainment in a sexually oriented business whether or not an employee of the business and
whether or not a fee is charged or accepted for such entertainment. "
11. "Escort" means 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.
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12. 'Escort Agency" means 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.
13. 'Establishment" means any sexually oriented business, whether
existing or opening of such business; the conversion of an existing business, whether or not a
sexually oriented business to any sexually oriented business; the additions of any sexually
oriented businesses to any other sexually oriented business; or the relocation of any sexually
oriented business.
14. "Licensee" means a person 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 as required under this
ordinance.
15. "Manager" means any person who manages, directs, administers, or is
in charge of, the affairs and/or the conduct of a sexually oriented business.
16. "Nude", "Nudity" or a "state of nudity" means 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 discernably turgid
state.
17. 'Person" means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
18. "Semi-nude" or in a "semi-nude condition" means the showing of the
female breast below a horizontal line across the top of the areolae 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 areolae is not exposed in whole or in part.
19. "Sexual Activities" shall mean depiction of human genitals in a state of
sexual stimulation, active human masturbation, sexual intercourse or sodomy, holding or erotic
touching of human genitals, pubic region, buttocks or breasts.
20. "Sexual Encounter Center" means a business or commercial enterprise
that, as one of its principal business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(b) 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.
21. "Sexually Oriented Business" means an adult amusement arcade, adult
book store, adult novelty store, adult video store, adult cabaret, adult motel, adult motion
picture theater, adult stage theater, escort agency, or sexual encounter center.
22. "Specified Anatomical Areas" means:
(a) The human male genitals in a discernably turgid state, even if
completely and opaquely covered; or
(b) Less than completely and opaquely covered human genitals,
pubic region, buttocks, or a female breast below a point immediately above the tope of the
areola.
23. "Specified Sexual Activities" means any of the following:
(a) The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
(b) Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
(c) Excretory functions as part of or in connection with any of the
activities set forth in (a) through (b) above.
SECTION III. CLASSIFICATION
11-3. Sexually Oriented Businesses are classified as follows:
(a) Adult amusement arcades;
(b) Adult book stores, adult novelty stores, or adult video stores;
(c) Adult cabarets;
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(d) Adult motels; •
(e) Adult motion picture theaters;
(f) Adult stage theaters;
(g) Escort agencies; and
(h) Sexual encounter centers;
SECTION IV. GENERAL RESTRICTIONS,
REQUIREMENTS AND CONDITIONS FOR SEXUALLY ORIENTED BUSINESSES
11-4. All sexually oriented businesses classified under Section III of this
ordinance shall comply with the following requirements:
(a) An establishment shall not exhibit any lettering, wording, pictorial or
representational matter which is distinguished or characterized by a depiction of sexual
activities on any sign subject to public view from outside the establishment.
(b) An establishment shall not display its stock in trade, inventory, or
merchandise which depicts, describes or relates to sexual activities in such a manner as to be
subject to public view from outside the establishment.
(c) Except as otherwise provided by laws which may be more restrictive,
no owner or operator of an establishment shall knowingly permit a person under eighteen (18)
years of age to be employed by or enter the establishment.
(d) An establishment must have an employee on duty at all times in which
the business is open and must be positioned at a station in the premises which is located in such
a manner that the entrance can be monitored at all times. Any person who reasonably appears
to be under the age of eighteen (18) shall be requested to verify his/her age. All persons under
the age of eighteen (18) discovered in the establishment shall be immediately escorted out of
the premises.
(e) No establishment, except for an adult motel, shall remain open at any
time between the hours of one o'clock (1:00) am. and six o'clock (6:00) am.
(f) No act of sexual intercourse, sodomy, oral copulation, masturbation, or t '
sexual contact shall be permitted in or on the licensed premises of any sexually oriented
business, except an adult motel. No owner, operator, licensee, or employee of a sexually
oriented business shall knowingly permit these activities to occur on the licensed premises.
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SECTION V. REGULATIONS PERTAINING TO EXHIBITION OF
SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN
VIEWING ROOMS.
11-5(a). A person who operates or causes to be operated asexually oriented
business, other than an adult motel, which exhibits on the premises in a viewing room of less
than one hundred fifty (150) square feet of floor space, a film, video cassette, live
entertainment, or other video reproduction which depicts "specified sexual activities" or
"specified anatomical areas", shall comply with the following requirements:
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.
2. The interior of the premises shall be configured in such a
manner that there shall be 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. The view required in this section must be by direct line of sight from the manager's
�.,. or cashier's station.
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3. No viewing room or booth shall be obstructed by any doors,
curtains, partitions, walls, merchandise, display racks or other materials. No patron shall be
permitted access to any area of the premises which has been designated as an area to which
patrons are not permitted.
4. No viewing room or booth shall be occupied by more than one
person at any time. No owner, operator, licensee or employee shall knowingly permit any
viewing room or booth to be occupied by more than one person at any time.
equipment.
All restrooms shall not contain any video playing devices or
6. The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than ten (10) foot candles as measured at floor level.
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7. It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron or customer is present in the
premises.
8. No licensee, owner, operator or employee shall allow openings
of any kind to exist between viewing rooms or booths.
9. No person shall make or attempt to make an opening of any
kind between viewing booths or rooms.
10. The licensee shall, during each business day, cause the walls
between the viewing booths to be regularly inspected to determine if any openings or holes
exist.
11. All floor coverings in viewing rooms or booths shall be non-
porous, easily cleanable surfaces, with no rugs or carpeting.
12. There must be at least one employee on duty and situated at the
manager's station at all times that any patron is present inside the premises.
11-5(b). All sexually oriented businesses in operation in the city on the
effective date of this ordinance shall comply with the configuration requirements of section 11-
5(a)(1)(2) within one hundred and twenty (120) days after the effective date of this ordinance.
SECTION VI. LICENSING REQUIREMENTS FOR SEXUALLY
ORIENTED BUSINESSES, MANAGERS, ENTERTAINERS AND ESCORTS.
this ordinance:
11-6(a). It shall be unlawful, after thirty (30) days from the effective date of
For any person to operate a sexually oriented business without a valid
sexually oriented business license issued by the City pursuant to this ordinance.
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 DI
sexually oriented business without having secured a sexually oriented business employee
license.
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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
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:
1. 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.
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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
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.
5. 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 applicant(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 they
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
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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).
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 (30) days from the date of such change by
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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 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.
13. In the event the applicant 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
a sexually oriented business establishment is permitted to be located on the real property upon
the issuance of the license. The applicant shall also furnish the name and address of the owner
of record of the real property.
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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. 0
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:
The legal name of the applicant and all other names, including
stage names or aliases used by the applicant;
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;
5. The present residence, address and phone number of the
applicant, if any;
6. Proof that the individual is at least eighteen 18 ears of e;
11-6(g). Attached to the application form for a sexually oriented business
employee license shall be the following:
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 (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.
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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.
1I LICENSE
SECTION VII. ISSUANCE OF SEXUALLY ORIENTED BUSINESS
11-7(a). Upon receipt of an application properly filed with the Director and
upon payment of the non-refundable application fee, the Director or his/her designee shall
immediately stamp the application as received and shall immediately thereafter initiate an
investigation of the application and the proposed sexually oriented business by all appropriate
City departments and agencies. The City shall approve or deny the issuance of a license to an
applicant within ten (10) business days after receipt of a completed sexually oriented business
application. The City shall approve the issuance of a license to an applicant unless it
determines that one or more of the following is true:
1. An applicant is under eighteen (18) years of age.
2. An applicant is overdue on payment to the City of taxes, fees,
fines, or penalties assessed or imposed upon the applicant.
An applicant has failed to provide information required by this
ordinance for the issuance of the license or has falsely answered a question or request for
information on the application form.
4. The premises to be used for the sexually oriented business is
not in compliance with applicable health and fire regulations required for buildings and
structures within the City of Paducah.
5. The premises to be used for the sexually oriented business is
not in compliance with applicable building and plumbing codes required for buildings and
structures within the City of Paducah.
6. The location of the sexually oriented business does not comply
with the zoning requirements for such businesses contained in chapter 126.78 of the City's
Code of Ordinances.
7. The license fee required by this ordinance has not been paid.
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An applicant has failed to comply with any provision or
requirement of this ordinance.
11-7(b). The license, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address of the sexually oriented
business. All licenses shall be posted in a conspicuous place at or near the entrance to the
ice,
sexually oriented business so that they may be easily read at any time.
SECTION VIII. ISSUANCE OF SEXUALLY ORIENTED BUSINESS
EMPLOYEE LICENSE
11-8. Upon receipt of an application for asexually oriented business employee
license properly filed with the Director and upon payment of the non-refundable application
fee, the Director or his/her designee shall immediately stamp the application as received and
shall immediately thereafter initiate an investigation of the application by all appropriate City
departments and agencies. The City shall approve or deny the issuance of the sexually oriented
business employee license within five (5) business days after receipt of a completed sexually
oriented business employee license application. The City shall approve the issuance of a
sexually oriented business employee license to an applicant unless it determines that one or
more of the following findings are true:
The applicant is under the age of eighteen (18) years.
2. The applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question or request for
information on the application form.
3. The applicant has been convicted of prostitution, solicitation, or
a felony sexual offense within the three (3) years prior to the date the application was filed.
SECTION 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
dollar ($1,500.00) non-refundable application and investigation fee. 0
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
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annual non-refundable license fee of five hundred dollars ($500.00). 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
hundred and seventy-five dollar ($175.00) non-refundable application and investigation fee.
C) 11-9(d). If the application for asexually 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 ($75.00). If the license fee is
granted after July 1, it shall be prorated on a monthly basis.
SECTION X. EXPIRATION AND RENEWAL OF LICENSE
11-10(a). All licenses granted under this ordinance shall expire on June 30 of
each year. All licenses must be renewed annually. Application for renewal shall be made
fifteen (15) days before the expiration date.
11-10(b). The licensing procedures described in Sections VI through IX shall
govern the procedures for renewal of all licenses required under this ordinance.
SECTION XI. INSPECTION
11-11. An applicant or licensee shall permit representatives of the Cit
Y,
including representatives of the Police Department, Fire Department, Zoning Department, or
other City departments or agencies to inspect the premises of a sexually oriented business for
the purpose of ensuring compliance with the law, at any time it is occupied or open for
business.
SECTION XII. TRANSFER OF LICENSE
11-12. A license granted under this ordinance shall not be transferrable or
assignable to any other person.
SECTION XIII. NAME AND LOCATION OF BUSINESS
11-13. No person granted a license under this ordinance shall operate a
C, sexually oriented business under a name not specified on the license application, nor shall any
such business be conducted at any designation or at a location not specified on the license
application.
SECTION XIV. DISPLAY OF LICENSES
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667
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•e:
11-14(a). All sexually oriented business licenses shall be posted in a
conspicuous place at or near the entrance to the sexually oriented business so that it may be
easily read at any time.
11-14(b). Every manager, entertainer or escort shall maintain his/her sexually
oriented business employee license on or near their possession while engaged in work for
which the license is required.
SECTION XV. APPEAL PROCEDURES FOR DENIAL OF LICENSE
APPLICATION.
11-15(a). The Director shall notify the applicant or licensee of any denial of a
license application, whether for a new license or renewal, in writing by personal service or by
mailing a copy of the notice by certified mail, return receipt requested, at the address noted in
the application describing all reasons why any license application or renewal of a license has
been denied. Proof of personal service shall be made at the time of service by a written
declaration under penalty of perjury executed by the person effecting the service, declaring the
time, date, and the manner by which service was made. The notice shall inform the applicant
of the right to appeal as described herein.
11-15(b). The applicant shall have the right to a hearing with the Board of 10
Commissioners by filing a written notice of appeal with the City Clerk within ten (10) days of
receiving the written notice that the application has been denied. The hearing before the Board
of Commissioners shall be held within ten (10) days of the filing of the notice of appeal.
11-15(c). The applicant shall have the right to counsel, to present evidence and
cross-examine witnesses. The Director or his/her designee shall have the burden of proof at the
hearing.
11-15(d). The Board of Commissioners shall render a decision in writing
within five (5) days of hearing the appeal. The Board of Commissioners may uphold the
decision, reverse the decision, and grant the permit, or remand the matter to the Director for
further review and action. The Director shall complete further review within ten (10) days of ,0
receiving the remand.
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11-15(e). The applicant shall have the right to seek prompt judicial review of
the Board of Commissioners' decision in any court of competent jurisdiction as provided by
law. The action shall be promptly reviewed by the court.
SECTION XVI. SUSPENSION OR REVOCATION.
11-16(a). The Director shall suspend a license for a period of thirty (3 0) days
if it is determined that a licensee has;
ordinance; or
1. Violated or is not in compliance with any section of this
2. Refused to allow an inspection of the sexually oriented
business premises as authorized by this ordinance.
11-16(b). The Director shall revoke a license if a cause of suspension in
section 11-16(a) occurs and the license has been suspended within the preceding twelve (12)
months.
11-16(c). The Director shall revoke a license if it is determined that:
1. A licensee gave false or misleading information in the materials
submitted during the application process;
2. A licensee has knowingly allowed prostitution on the premises;
3. A licensee has knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended;
4. A licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the
licensed premises. This section shall not apply to adult motels;
5. A licensee is delinquent of City taxes related to the sexually
oriented business;
6. A licensee has failed to pay any fines or penalties imposed
under this ordinance.
11-16(d). The period of revocation shall be for a period of one (1) year from
the date the revocation becomes effective.
SECTION XVII. APPEAL OF SUSPENSION OR REVOCATION.
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670
11-17(a). The Director shall notify the licensee of any suspension or revocation
of a license by personal service or by mailing a copy of the notice by certified mail, postage
prepaid, return receipt requested, to the licensee at the licensee's address noted in the
application. Proof of personal service shall be made at the time of service by a written
declaration under penalty of perjury executed by the person effecting the service, declaring the
time, date, and the manner by which service was made.
11-17(b). Any notice of suspension or revocation shall advise the applicant
that the suspension or revocation shall be effective in ten (10) days unless an appeal is taken as
described herein. The filing of an appeal stays the action until a final decision is made by the
Board of Commissioners.
11-17(c). The licensee shall have the right to a hearing with the Board of
Commissioners by filing a written notice of appeal with the City Clerk within ten (10) days of
receiving the notice of suspension or revocation. Any notice of appeal filed under this section
shall be in writing and shall briefly state the relief requested.
11-17(d). The licensee shall have the right to counsel, to present evidence and
cross-examine witnesses. The Director or his/her designee shall have the burden of proof at ,
the hearing.
11-17(e). The Board of Commissioners shall render a decision in writing
within five (5) days of hearing the appeal. The Board of Commissioners may affirm the
suspension or revocation, reverse the suspension or revocation, or remand the matter back to
the Director for further action and review. Any further review under an order of remand shall
be completed within ten (10) days of receiving the remand.
11-17(f). The licensee shall have the right to seek prompt judicial review of the
Board of Commissioners' action in any court of competent jurisdiction as provided by law. The
action shall be promptly reviewed by the court.
SECTION XVIII. REGULATIONS PERTAINING TO LIVE
PERFORMANCES.
11-18(a). All live performances in any sexually oriented business shall be on a
designated performance area consisting of a stage or platform at least eighteen (18) inches
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671
above the immediate floor level and removed at least six (6) feet from any area in which any
patrons are permitted.
11-18(b). No person shall appear nude or in a state of nudity while engaged in
any live performance on the premises of any sexually oriented business.
11-18(c) No person shall appear semi-nude or in a semi-nude condition while
engaged in any live performance on the premises of any sexually oriented business except on
the stage or platform described in section 11-18(a).
11-18(d) No entertainer or employee shall be permitted to have any physical
contact with any patron during any performance.
11-18(e). No entertainer or employee shall be visible from any public place
outside the premises during any performance.
SECTION XIX. RECORD KEEPING REQUIREMENTS.
11-19. Each sexually oriented business licensee shall maintain and retain for
a period of two (2) years beyond the last date of employment, the full name, date of birth, last
known address, date of termination, and social security number of all persons employed by the
sexually oriented business.
�JI
SECTION XX. SEVERABILITY.
11-20. If any section, subsection, or clause of this ordinance shall be deemed
to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections,
and clauses shall not be affected.
SECTION XXI. PENALTIES.
11-21. Any person who violates any provision of this ordinance shall be
guilty of a misdemeanor and subject to a fine of not less than one hundred dollars ($100.00)
and not more than five hundred dollars ($500.00), or be imprisoned in the county jail for not
more than twelve (12) months or both. These penalties shall be in addition to the remedies of
suspension and revocation provided in this ordinance.
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672
SECTION XXII. EFFECTIVE DATE.
11 -22. This ordinance shall be read on two separate days and will become
effective upon publication pursuant to KRS Chapter 424.
MAYOR PRO\UM7
ATTEST:
'LEMTA SMITH, 6ffY CLERK
Introduced by the Board of Commissioners July 28, 1998
Adopted by the Board of Commissioners August 11, 1998
Recorded by Lenita Smith, City Clerk, August 11, 1998
Published by The Paducah Sun, August 19, 1998
\WINWORMORDINANCTLAMCH11
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