HomeMy WebLinkAbout97-10-5747259
ORDINANCE NO. 97-10- X1417
AN ORDINANCE CREATING CHAPTER 11, ADULT ENTERTAINMENT
BUSINESS LICENSING REGULATIONS, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 11-1, Findings, Declarations Public Policy,
Purpose of Article I, In General, of Chapter 11, Sexually Explicit Business Licensing
Regulations, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
created and ordained to read as follows:
ARTICLE I. IN GENERAL
11-1. FINDINGS, DECLARATIONS OF PUBLIC POLICY,
PURPOSE.
11-1(a). Findings.
The Board of Commissioners for the City of Paducah finds: that certain
adult entertainment activities which may become located near areas zoned for
residential use, schools and public parks, and malls and similar open spaces that cater
to use by family groups and children would adversely affect the viability of such nearby
properties for such purposes; that the City of Paducah and the United States
? Government have spent millions of dollars on community development and
neighborhood enhancement projects over the past years to attempt to eliminate blight
and to further prevent deterioration of the city's neighborhoods; that certain adult
entertainment, because of the conditions of their operations, may contribute to an
increased incidence of crime and juvenile delinquency; that certain adult entertainment
facilities tend to attract undesirable clientele that discourage neighborhood residents
from undertaking civic improvements and cause residents and businesses to move
elsewhere and/or may frustrate attempts to attract new residents and businesses to
come into a particular area, all of which factors contribute to a diminution of property
values and to a general deterioration of the city's neighborhoods; and that the
establishment of small closet -like rooms or booths at adult amusement facilities in the
city may encourage persons to loiter for illegitimate purposes and may encourage lewd
conduct in public places, thereby creating a public nuisance, a danger to health and
safety and that the concentration of sexually explicit movies and books and sexual
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paraphernalia in the city may create public nuisance, may impose supermarkets of sex
on otherwise respectable city neighborhoods; and that the value of free expression in a
free society can be protected by affording an opportunity for products and services will
be just as available to the public wishing to pay for them, but with dramatically less
deleterious effect on abutting neighborhoods; that the noise generated by patrons
coming and going from sexually explicit entertainment activity establishments may
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cause a substantial disruption to nearby residents and a modest curtailment of the
hours during which entertainment is offered to patrons coming and going from such
establishments would afford some relief to persons residing nearby without significantly
interfering with the availability of the offered entertainment therein; that sexually explicit
entertainment establishments which may have integrated several forms of sexually
explicit entertainment in one business premise have had a greater blighting effect on
surrounding land uses than have establishments which engage in only one form of
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sexually explicit entertainment; that the disclosure of the names of persons who own,
as well as the names of the persons who operate such sexually explicit bookstores and
other sexually explicit entertainment establishments would aid law enforcement officials
in abating the use of a minor in a sexual performance, the distribution of portrayal of
sexual performance by a minor, promotion of material portraying a sexual performance
by a minor, and the use of minor to distribute adult material.
11-1(b). Declarations of public policy.
The Board of Commissions declare as a matter of public policy that in
order to preserve surrounding neighborhoods, prevent blight and the deterioration of
the neighborhoods, protect property values, promote the return of residents and
businesses to the city's neighborhoods, protect children from deleterious effects of
exposure to sexually explicit material, and decrease incidence of crime and juvenile
delinquency, the licensing and regulations of sexually explicit entertainment
establishments is is in the interests health,
a public necessity and required of public,
safety, and welfare and the economic and aesthetic well-being of the people.
11-1(c). Purpose.
The purpose of this Chapter is to effect the declaration of public purpose
set forth in this Chapter as it relates to the foregoing findings of the Board of
Commissioners and more particularly: to protect neighborhoods; to prevent
neighborhoods from suffering the noise, the blighting influence, and the increase in
crime brought about by a concentration of sexually explicit entertainment
establishments in one neighborhood; to prevent unsanitary conditions that exist at
sexually explicit amusement arcades to protect children from the deleterious effects of
exposure to sexually explicit matter which such children are shopping for video
cassette movies appropriate for their age at such rental outlets; and to obtain
disclosure by persons licensed or to be licensed for the operation of establishments
selling, showing or renting sexually explicit materials of data sufficient to identify the
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persons responsible for determining that such material is not obscene and not unlawful.
SECTION 2. That Section 11-2, Definitions, of Article I, In General, of
Chapter 11, Sexually Explicit Business Licensing Regulations, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby created and ordained to read as
follows:
11-2. DEFINITIONS.
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As used in this Chapter, unless the context clearly indicates or requires a
different meaning:
"Sexually explicit entertainment activity or activities" or "Sexually explicit
entertainment establishment" shall mean one or more of the following activities:
"Adult Amusement Arcade". An establishment having as one of its
principal uses one or more of the following: customer -operated motion picture devices,
peep shows, viewing area, and /or similar devices, for display of material distinguished
or characterized by an emphasis on depiction of sexual activities, as hereinafter
defined, or which offer persons who expose to view of the customers the bare female
breast below a point immediately above the top of the areola, human genital, pubic
region, or buttocks, even if partially or completely covered by translucent material, or
human or simulated male genitals in a discernible turgid state, even if completely or
opaquely covered.
"Adult Book Store" An establishment having as one of its principal uses
the sale, rent, or display of pictures, books, periodicals, magazines, appliances, and
similar materials which are distinguished or characterized by their emphasis on
depiction of sexual activities as hereinafter defined or an establishment with a
substantial segment or section devoted to the sale, rental or display of such material.
"Adult Motion Picture Theater". An establishment having or advertising as
having as one of its principal uses the presentation of motion pictures, slide projections,
and other similar material having as a dominant theme or characterized or
distinguished by an emphasis on matter depicting, describing or relating to sexual
activities, as hereinafter defined, for observation by persons therein.
"Adult Stage Show Theater" An establishment having or advertising as
having as one of its principal uses the presentation of live performances of humans or
animals having as a dominant theme or characterized or distinguished by an emphasis
on matter depicting, describing or relating to sexual activities, as hereinafter defined,
for observation by persons therein.
"Adult Video Cassette Rental Center". A commercial establishment
characterized or distinguished by an establishment which has as one of its principal
uses the rental or sale of video cassettes, or other forms of medias which depict
material emphasis on matter depicting, describing or relating to sexual activities, as
hereinafter defined and which does not provide an on premises showing such material.
"Cabaret" An establishment which features as a principal use of its
business, entertainers, and/or waiters and/or bartenders, male or female impersonators
and/or other persons, either male or female, who expose to public view of the patron of
said establishment at any time the bare female breast below a point immediately above
the top of the areola, human genitals, pubic region or buttocks, even if partially or
completely covered by translucent materiel, and/or human or simulated male genitals in
a discernible turgid state, even if completely and opaquely covered.
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"Commercial Sexual Entertainment Center" Any other commercial
establishment not otherwise described herein which make available material, services
or entertainment appealing to adult sexual interests including but not limited to "bath
houses", swingers club" or similar establishments services or goods that are advertised
by or on behalf of the establishment in a manner patently designed to appeal to such
adult sexual interests.
"Self -designated sexually explicit entertainment center". Any
establishment which designates all or a portion of its premises as for adults only, or has
a policy of excluding minors from its premises or from a portion of its premises and
which makes available services, entertainment, or goods at the premises or at the
portion of the premises designated for adults only which are characterized or
distinguished by depictions of sexual activities as defined in this Chapter.
"Massage parlor". An establishment for treating the human body by
rubbing, stroking, kneading, tapping, or similar treatment with the hand which promotes
its services in a manner designed to appeal to the patron's sexual interest. (See
Chapter 62.)
"Director". Shall mean the City Manager or his/her designee.
"Employee" Shall mean any person hired by or suffered or permitted to
work in an establishment engaging in sexually explicit entertainment activities whether
that person received remuneration or compensation directly from the operator or owner
of the establishment, from patrons of the establishment, or from any other source,
whether by contract of employment or otherwise.
"Establishment"Shall mean a business entity or endeavor, fixed, mobile,
or traveling, including its owners, operators, directors, shareholders, partners,
employees, and possession.
"Licensee" Shall mean a person who is the holder of a valid license
under this Chapter, also including an agent, servant, or employee of, or other person
acting on behalf of a licensee whenever a licensee is prohibited from doing a certain
act under this Chapter.
"Operator" Shall mean any individual, partnership, corporation, or
business entity with all such individuals, partners, shareholders, officers and directors
over the age of eighteen, who establishes or maintains a business as its owner or
manager and shall also mean licensee as defined in this Chapter.
"Owner". Shall mean any individual, partnership, corporation, or business
entity who has legal title to real estate, with or without accompanying actual possession
thereof, or has all or part of the beneficial ownership of any real estate and a right to
present use and enjoyment thereof, including a mortgagee in possession.
"Person" Shall mean any individual, partnership, corporation, or
business entity.
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"Principal Use" Shall mean a substantial or significant use. Any of the
following criteria shall constitute evidence that an establishment is engaging in sexually
explicit entertainment activity as a principal use:
(1) Contains more than 10% of its stock in trade in material
distinguished or characterized by an emphasis in sexual activity.
(2) Devotes more than 10% of its floor space which is open to either
the public generally or to members of the public other than minors
for the display of material distinguished or characterized by an
emphasis on sexual activities.
(3) Has more than a total of 100 square feet provided for the display,
storage or sale of material distinguished or characterized by an
emphasis on sexual activities.
(4) Advertise in a manner visible from the outside of the business
premises the availability of material or entertainment distinguished
or characterized by an emphasis on sexual activities.
"Sexual activities" Shall mean depiction of human genitals in a state of
sexual stimulation, act of human masturbation, sexual intercourse, or sodomy, holding
or other erotic touching of human genitals, pubic region, buttocks or breasts.
SECTION 3. That Section 11-3, Restrictions, Requirements, and
Conditions, of Article II, Requirements, of Chapter 11, Sexually Explicit Business
Licensing Regulations, of the Code of Ordinances of the City of Paducah, Kentucky, is
hereby created and ordained to read as follows:
ARTICLE II. REQUIREMENTS
11-3. RESTRICTIONS, REQUIREMENTS, AND CONDITIONS.
11-3(a). See Chapter 127-70, Zoning, for sign requirements.
Additionally, no lettering, wording, or pictorial or representational matter which is
distinguished or characterized by an emphasis on depictions of sexual activities as
defined in 11-2 shall be contained on any sign.
11-3(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.
11-3(c). An operator of an establishment engaging in a sexually
explicit entertainment activity or his employee shall not permit a person under 21 years
of age to be employed by or to enter his establishment; 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 Chapter shall
not be construed to be an exemption from or in conflict with any requirement found in
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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.
11-3(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 11-3(c) above.
11-3(e). An establishment licensed to engage in sexually explicit
entertainment shall not provide such entertainment between the hours of 1:00 a.m. and
6:00 a.m.
11-3(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 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, or other video reproduction which depicts sexual
activities as defined in 11-2, 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 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. The view required in 11-3(f)(2)a.
must be by direct line of sight from the manager's or
cashier's station.
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 11-
3(f)(2)a. 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
person at a time.
(3) A light level of no less than ten foot candles at floor level shall be
maintained in every portion of the establishment to which the public
is admitted.
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(4) All persons regulated pursuant to this Chapter must comply with
the terms and conditions of 11-3(f) within 180 days after the
effective date of this Chapter.
11-3(g). Location Requirements. See Chapter 126.78, Zoning, for
location requirements.
SECTION 4.. That Section 11-4, Licensing, of Article III, Licensing, of
Chapter 11, Sexually Explicit Business Licensing Regulations, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby created and ordained to read as
follows:
ARTICLE III. LICENSING
114. LICENSING.
11-4(a). The owner or operator of an establishment intending to
engage, or engaging, under a previously issued license, in a sexually explicit
entertainment activity shall make application for a license with the Director in
accordance with this Chapter. Such application shall be in writing, signed and
notarized, and shall be in the form prescribed by the Director and shall contain the
following information:
(1) The name and location of the establishment and the name and
business address of the applicant.
(2) The name, address, date of birth and Social Security number of the
natural person(s) with an ownership interest in the license, such
natural person to be determined as follows:
a. If the licensee is one or more natural persons, than all such
natural persons shall comply, or any one natural person may
comply for the licensee upon certification that he 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 this
interest or holding in the partnerships or corporations which
have formed the partnership owns a greater share of the
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licensee than any other single natural person shall comply.
C. If the licensee is a corporation, then a copy of the filed
Articles of Incorporation shall be attached to the license
application. 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
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natural person, then the natural person who by virtue of his
interests or holdings in one or more partnerships or other
corporations which own share in the licensee owns a greater
portion of the share 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 applicants 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 a sexually explicit entertainment establishment is
permitted to be located on the real property upon the issuance of the license. The
applicant also shall furnish the name and address of the owner of record of the real
property.
(5) The name, address, date of birth and Social Security number of all
persons engaged in the day-to-day employment or contract labor on the licensed
premises. If the licensee is to engage in the sale, rental, or showing of books or
movies distinguished or characterized by an emphasis on matter depicting or relating to
sexual activities as defined in 11-2. All persons who at any time shall be responsible
for attending the entrance the for the insuring
of establishment purpose of compliance
with the provisions of 11-3(c) shall be subject to the provisions of this paragraph.
(6) The name address, date of birth and Social Security number 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 Director pursuant to 11-
5 together with the signed, notarized affidavit of that individual stating that he has
received a copy of this Chapter, and that he willfully undertakes on behalf of the
applicant to comply therewith.
(7) The name, address, date of birth and Social Security number 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 signed statement of
the individual acknowledging that he has received a copy of this Chapter, that he
understands the requirements hereof pertaining to disclosure of information, and that
he willfully undertakes on behalf of the applicant to comply therewith.
(8) The name and addresses of any rental agent managing the
property on which the establishment is located.
(9) The nature of the activity or activities to be engaged in at such
location.
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(10) All criminal convictions of any offense set forth in KRS for
gambling, trafficking in controlled substances, prostitution, solicitation, sexual offenses,
pornography or any similar law of the United States of America or sister states of the
Commonwealth of Kentucky within the last five years of the applicants, owners,
directors, partners, or employees whose names are required pursuant to 114(a). Any
such person who is on parole for any of the offenses set forth above shall submit to the
Director the terms of such parole.
(11) The name and address of any person to whom the applicant wants
mail notice to be given in case of violation or other matters affecting the license
hereunder.
(12) Proof of compliance with the occupational license fee laws of the
City of Paducah.
(13) A letter of compliance issued by the Zoning Administrator or his
designee certifying that the business is in compliance with applicable zoning laws or
has non -conforming use rights and that the proposed use will not constitute an
enlargement or expansion of the scope of such non -conforming rights. The Zoning
Administrator shall comply forthwith.
(14) A certificate of occupancy where required and a statement from the
Chief Building Inspector or his designee that the premises comply with applicable
provisions of the Kentucky Building Code, and other applicable building regulations,
Policies and ordinances, as adopted by the city. The Chief Building Inspector shall,
where possible make determinations within 5 business days.
11-4(b). The information required by 11-4(a) above shall be at all
times current even after the granting of a license by the Director. It shall be the
responsibility of the operator or other person designated in the license application to
notify the Director no later than the close of the first business day of the Director after
the effective date of any changes, alterations, or modifications in any information
contained in the application including, but not limited to: name of the establishment,
any change in the corporate information required for the application, names and
addresses of employees, names and addresses of the owners 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.
11-4(c). The Director will cause the premises to be inspected after
such application has been received and all application requirements of 11-4(a) above
have been complied with. The Director 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, except that no license will be issued if the
applicant or any owner, operator, director, partner, shareholder, or employee has been
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convicted of any offense set forth in KRS for gambling, prostitution, solicitation, sexual
offenses, pornography or any similar law of the United States of America or sister
states of the Commonwealth of Kentucky within the last five years. Provided, however,
the granting of a license does not certify compliance with all applicable laws nor does it
estop the city from enforcement of all applicable law or ordinances. If inspection
reveals failure to comply with any restrictions, requirements, or conditions herein, the
Director shall notify the applicant in writing of that fact, stating what failures have been
discovered, allowing a reasonable time to correct such defects and information the
applicant of the appeal procedure if the applicant does not agree with the Director's
decision.
11-4(d). Any license granted according to this Chapter shall at all
times be conspicuously posted and displayed in a public area so as to be open to view
of patrons and proper public authorities.
11-4(e). Application for or granting of a license according to this
Chapter is deemed to permit periodic inspections of any establishment required to have
a license under this Chapter for the purpose of verifying compliance with the terms and
conditions of this Chapter.
11-4(f). By July 1, 1998, no operator shall maintain, operate, or
conduct an establishment engaging in sexually explicit entertainment activities defined
under 11-2, and thereafter no operator shall own, operate, or be employed at an
establishment engaging in sexually explicit entertainment activities which has sought
and been denied a license according to this Chapter, and unless all dancers,
performers, and entertainers appearing at the establishment have obtained the license
required by division 11-40) below.
11-4(g). No owner shall permit sexually explicit entertainment
activities to be conducted on his property unless and until such is properly licensed
according to this Chapter, except as permitted under 11-4(f) above.
11-4(h). No person shall permit himself to be an operator or an
employee at a sexually explicit entertainment activity which has not been validly
licensed according to this Chapter, except as permitted under division 11-4(f) above.
114(1) All operator and employee licenses shall be for the fiscal
year, July 1, to June 30, or the remaining portion of such fiscal year. The annual
operator license fee shall be $2,000 and shall not be pro -rated. All license fees shall
be remitted to the City Treasurer defraying the costs of and shall be for the purpose of
policing the activities governed by this Ordinance. Application for renewal of a license
shall be made on or before June 30 of each year and accompanied by the annual fee of
$2,000 along with any occupational license fee required by Chapter 106 of the
Paducah Code of Ordinances. Such application shall also contain any changes in the
information required by 11-4(a) above which have occurred since the previous
application.
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11-40) Any person intending to engage in the occupation or
profession of a dancer, performer, or entertainer at a sexually explicit entertainment
establishment shall prior to engaging in same make application for a license with the
Director in accordance with this Chapter. Such application shall be in writing, be
signed and notarized, and shall be in the form prescribed by the Director and shall
include: the legal name of the applicant; any and all names used by the applicant in
the course of performance of his duties as a dancer, performer, or entertainer; the
applicant's residence address; the applicant's date of birth; the applicant's Social
Security number. No applicant for a license shall be granted unless they shall first
present to the city a written verification by a licensed physician, bearing a date no more
than 30 days prior to the date of application, evidencing that the applicant is free of any
contagious, infectious or communicable disease. No dancer, performer, or entertainer
applying shall be licensed without having first obtained a written verification from a
licensed physician, bearing a date not more than 30 days prior thereto, that the person
is free of any contagious, infectious or communicable disease. The applicant shall
submit with his application an initial license fee of $250.00. The Director shall forward
the application to the Chief of Police. For the purpose of making positive identifications
for enforcement of this Chapter, the applicant shall have an identification card issued
by the Police Department with the following information: a photograph of the applicant,
fingerprints; name; date of birth; height; weight; hair and eye color. The Director shall
grant the applicant the license promptly after receiving a report from the Chief of Police
that an identification card, as described in this chapter has been issued, and that the
applicant has not been convicted in the past five years of an offense set forth in KRS
for prostitution, solicitation, pandering, sexual offenses, or of trafficking in a controlled
substance or any similar law of the United States of America or sister states of the
Commonwealth of Kentucky. The license so granted shall expire on June 30 of each
year and may be renewed by the Director upon application therefor by the dancer,
performer, or entertainer, unless the Director is informed that the applicant has been
convicted in the past five years of an offense set forth in KRS for prostitution,
solicitation, pandering, sexual offenses, or of trafficking in a controlled substance or
any similar law of the United States of America or sister states of the Commonwealth of
Kentucky. Application and payment for renewal of a license shall be made on or before
June 30th. Applications and payments received on or before December 31 shall be
assessed a fee of $125.00. All applications and payments received after June 30th
shall be assessed the initial fee of $250.00. After the effective date of this Chapter, no
dancer, performer, or entertainer shall dance, perform, or otherwise be occupied in the
providing of entertainment at a sexually explicit entertainment establishment without
having obtained the license required by this Chapter. Possession of the
aforementioned identification card shall constitute proof of compliance with this sub -
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chapter. The licensee shall keep the card in their immediate possession and shall
produce the card for law enforcement officers and administrators of this chapter.
SECTION 5.. That Section 11-5, Administration; Suspension, Revocation;
or Refusal to Renew a License; Severability, of Article III, Requirements, of Chapter 11,
Sexually Explicit Business Licensing Regulations, of the Code of Ordinances of the City
of Paducah, Kentucky, is hereby created and ordained to read as follows:
11-5. ADMINISTRATION; SUSPENSION, REVOCATION; OR REFUSAL
TO RENEW A LICENSE; SEVERABILITY.
11-5(a). The Director may refuse to issue, renew or may revoke or
suspend any license granted under this Chapter at any time if the Director finds that a
licensee or applicant:
(1) Has failed to comply with the restrictions, requirements, and
conditions of this Chapter or with such material regulations as may
be enacted by the Director pursuant to this Chapter.
(2) Has knowingly provided false information to gain or to maintain a
license, or has willfully failed to keep the information required
under 11-3 current.
(3) Has engaged in a consistent pattern of conduct which has resulted
in the licensed premises being used for or the site of illegal
activities, whether under this Chapter, state or federal law, or by
the licensee or its agents, employees, or patrons.
11-5(b). If the Director finds that a licensee or applicant has violated any
of the provisions of Chapter 11-5(a), he or his designee may request the licensee or
applicant orally or through a warning letter to take corrective action; he or his designee
may request the licensee or applicant to meet informally with him or his designee; or he
or his designee may require the licensee or applicant to appear before him at a hearing
and show cause why disciplinary action should not be taken. At any point, the licensee
or applicant may request that a hearing be held. At any hearing under Chapter 11-5(a)
(1) (2) (3) above, the Director shall consider all relevant factors including:
(1) The willfulness of the licensee's or applicant's failure to comply
with the applicable restrictions, requirements, and conditions and
the willfulness of the failure of the individual designated on the
licensee's application to undertake such compliance.
(2) The extent to which such failure to comply has been repeated by
the licensee or applicant or by the individual designated on the
licensee's application to undertake such compliance.
(3) Any mitigating circumstances which the licensee or applicant has
shown has made compliance impracticable or impossible.
(4) Whether the licensee or applicant has remedied the failure to
comply prior to the hearing.
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(5) The willfulness of the failure of the owner or operator or the person
designated on the licensee's application to undertake compliance
with disclosure of current information required hereunder.
(6) The extent to which such failure to disclose information required to
be kept current hereunder has been repeated.
(7) The length of time such disclosure requirements have been out of
compliance.
(8) The number of violations.
(9) The number and frequency of the incidents of the illegal conduct.
(10) Whether the licensee or its agents or employees are found to have
had knowledge of the illegal conduct.
(11) Whether the licensee or its agents or employees, by the manner in
which the licensee's business is conducted, are found to have
permitted or encouraged such illegal conduct.
(12) The degree to which the licensee's business is found to have
permitted or encouraged such illegal conduct.
11-5(c). When the Director determines or is requested to hold a
hearing pursuant to this subsection he shall serve written notice of the hearing and of
the specific matter or charges to be determined. That notice shall be served upon the
licensee or applicant at the address listed for the license or applicant in the application
at least 20 days in advance of the hearing. Service of notice shall be deemed complete
upon certified mailing, return receipt requested, or personal delivery. At the hearing
the Director shall afford the licensee or applicant an opportunity to be represented by
an attorney, to present evidence, to cross-examine adverse witnesses, and otherwise
to rebut the evidence presented against the licensee or applicant. Within 20 days after
the hearing and based on evidence received at the hearing, the Director shall issue his
findings and shall determine the sanction, if any, to be imposed on the licensee or
applicant or upon the owner of the licensed premises, which may include suspension of
the licensee's license for a period not to exceed one year, revocation of the licensee's
license or refusal to issue a license. If the Director suspends a license, the Director
may, at his option, allow the owner or licensee to pay in lieu of part or all of the days
suspended the sum of fifty dollars ($50.00) per day. If the licensee's license is
suspended or the application refused, all persons listed on the application, whether as
a partner, director, officer, owner, part owner, or operator, or managing partner may
also be suspended from participating in sexually explicit entertainment activities for a
period not to exceed five years if the Director finds that such persons know or
reasonably should have known of the violation for which the license is suspended or
refused and failed to take steps promptly to cure the violation.
11-5(d). The findings and rulings of any hearing before the Director
shall be a final determination of the issues raised unless appealed to the Paducah City
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Commission. Any such appeal must be made within 10 days of the Director's findings.
The Paducah City Commission may hear the matter de novo or may limit both parties to
oral arguments based on the record before the Director. The Paducah City
Commission shall conduct its hearing within 10 days of receipt of the notice of appeal
and shall make its findings within 10 days of the hearing or receipt of all necessary
information by the Board. Any decision of the Administrative Appeals Board may be
appealed to a court of competent jurisdiction, but shall be enforced during the
pendency of any such appeal unless otherwise ordered by the court.
11-5(e). The Director is empowered to enact from time to time
whatever rules and regulations are deemed necessary for the orderly and complete
administration of this Ordinance at such times, in the discretion of the Director, as the
need arises for such rules and regulations. All regulations shall be submitted to the
City Manager and shall become effective within 30 days of submission unless
disapproved by the City Manager prior to that date and upon notice to all licensees and
persons with license application pending.
SECTION 6. That Section 11-6, Severability, of Article III, Requirements,
of Chapter 11, Sexually Explicit Business Licensing Regulations, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby created and ordained to read as
follows:
11-6. SEVERABILITY.
If any clause, sentence, paragraph, section, or subsection of the within
ordinance is determined to be unconstitutional, illegal, or otherwise void, or held
invalid by any court of competent jurisdiction, the remaining lawful and valid clauses,
sentences, paragraphs, sections, and subsections of the within ordinance shall be
considered severed from said invalid or void provisions and the lawful and valid
provisions shall remain in full force and effect.
SECTION 7. That Section 11-7, Submittal of Application, of Article III,
Requirements, of Chapter 11, Sexually Explicit Business Licensing Regulations, of the
Code of Ordinances of the City of Paducah, Kentucky, is hereby created and ordained
to read as follows:
11-7. SUBMITTAL OF APPLICATION
11-7(a). An applicant licensee shall sign and submit a consent
providing that the Director, his designee or any law enforcement office may inspect the
public areas of the licensed premises at any reasonable time with immediate entry, may
confiscate articles found on the premises in violation of any ordinance or statute, and
the Director may order an emergency temporary closure of the premises if the public
health, safety, morals and welfare is threatened by multiple violations of any ordinance
or statute involving disturbance of the peace or public disorder reported to the Director
by the Chief of Police during the course of one day's operation of the premises. The
temporary closure shall remain in effect until review of the alleged violations by the
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Director within thirty-six (36) hours. Nothing in this Subsection shall prevent regulatory
agencies, including but not limited to building inspectors, health inspectors, and OSHA
inspectors, from conducting unannounced routing inspections of all of the licensed
premises to ensure compliance with all applicable codes, statutes and ordinances.
11-7(b). The Director, or any agent or employee designated by him
in writing, may examine the books, papers and records of any applicant licensee as he
may deem reasonably necessary for purposes incident to the performance of his duties
hereunder.
SECTION 8. That Section 11-8, Penalty and Forfeitures, of Article III,
Requirements, of Chapter 11, Sexually Explicit Business Licensing Regulations, of the
Code of Ordinances of the City of Paducah, Kentucky, is hereby created and ordained
to read as follows:
11-8. PENALTY.
Any person who violates any provision of this Chapter shall be guilty of a
misdemeanor be fined not less than one hundred dollars ($100) and not more than five
hundred dollars ($500), or be imprisoned in the county jail for not more twelve months
or both. If the person who violates any provision of this article is a corporation,
partnership, joint stock company, association or fiduciary, then the President and/or the
principal officer or partner responsible for such violations may be punished by
imprisonment as authorized by this Chapter.
SECTION 9. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
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ATTEST:
Lenita Smith, COClerk
Introduced by the Board of Commissioners October 14, 1997
Adopted by the Board of Commissioners October 28, 1997
Recorded by Lenita Smith, City Clerk October 28, 1997
Published by The Paducah Sun, 07-r. /+ 19 9
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