(A) General requirements. No person shall own a sexually oriented business without a sexually oriented business license. No person shall operate an unlicensed sexually oriented business.
(B) Application process. The owner of a sexually oriented business shall apply for a license with the Glasgow License Fee Division. The applicant shall complete an application on the form prescribed by the city and shall submit the following information;
(1) The name and business address of the establishment, including any assumed or fictitious names under which the establishment is or will be operated.
(2) The name, including any assumed or fictitious name or alias, business address, social security or tax identification number of the owner and every officer, partner, director, or person performing a similar function to an officer, partner or director and the names and addresses of any individual who owns 10% or more of the partnership, corporation, limited liability corporation or company, or limited liability partnership that is the owner of the establishment.
(3) In the event the owner of the sexually oriented business is not the owner of record of the real property on which the 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 is located or 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 and a copy of the lease or rental agreement or memorandum thereof.
(4) The name, including any assumed or fictitious name or alias, business address, date of birth, social security number, and photograph of all persons engaged in the day-to-day management of the licensed premises. All persons who at any time shall be responsible for attending the entrance of the establishment for the purpose of compliance with this subchapter shall be included in this subchapter.
(5) The name, including any assumed or fictitious name or alias, business address, date of birth, social security number, and photograph of the individual designated by the applicant to undertake to keep the applicant, if licensed, at all times in compliance with the restrictions, requirements, and conditions set forth in this chapter, together with the written statement of the individual stating that he has received a copy of this chapter and that he willfully undertakes on behalf of the applicant to comply therewith.
(6) The name, including any assumed or fictitious name or alias, business address, date of birth, social security number, and photograph of the individual designated by the applicant to be responsible for keeping current the information required hereunder at all times together with a written statement stating that he has received a copy of this chapter and that he willfully undertakes on behalf of the applicant to comply with the requirements therein pertaining to the disclosure of information.
(7) The name and address of any rental agent of the property on which the establishment is located.
(8) The nature of the activity or activities to be engaged in at such location.
(9) A criminal record report for the applicants, owners, officers, directors, partners, employees or other persons whose names are required pursuant to this section together with a list of all criminal convictions of such persons within the last five years for the offenses listed in this chapter. Any person who is on parole shall submit with the application the terms of the parole.
(10) The name and mailing address of the owner to whom notice will be given in case of violations or other matters affecting the license hereunder.
(11) Applicant must submit to fingerprinting by the city Police Department.
(12) Applicant cannot owe any fees or taxes of any kind or nature to the city.
(13) Applicant's premises must meet all established zoning, fire, building, and/or plumbing codes and cannot provide direct interior access to residential living quarters.
(14) Applicant shall file a floor plan exhibiting all entrances, exits, stairways, and all rooms in the building and their intended use for purposes of providing emergency services.
(C) Supplemental information. The information required by division (B) of this section shall be at all times current even after the granting of the sexually oriented business license. It shall be the responsibility of the owner or other person designated in the licensee's application to notify the License Fee Division in writing no later than 48 hours after the effective date of any change, alteration or modification in any information contained in the application.
(D) Review process. The appropriate city official or officer, or his designee, shall inspect the premises within 15 days after the application has been submitted. The License Fee Division shall issue a license if all restrictions, requirements, conditions, and all applicable requirements of this chapter and other applicable laws have been met. The city shall grant or deny a license application within 20 days of the filing of such application.
(E) Prohibitions. No sexually oriented business license shall be issued if the applicant or any operator, officer, director, partner or shareholder:
(1) Is less than 18 years of age;
(2) Has been convicted of any of the following offenses within the last five years:
(a) Gambling, conspiracy to promote gambling, or possession of gambling records or gambling devices;
(b) Prostitution, promoting prostitution, permitting prostitution, solicitation for the purpose of prostitution or loitering for the purpose of prostitution;
(c) The sale, transfer, possession or use of any controlled substance;
(d) Sexual offenses including rape, sodomy, sexual abuse, sexual misconduct and indecent exposure;
(e) Distribution of obscene material to a minor, use of a minor to produce, promote, or distribute obscene material, advertising obscene materials, promoting the sale of obscenity;
(f) Unlawful transaction with a minor (as defined in KRS Chapter 530 or other similar laws), use of a minor in a sexual performance, promoting a sexual performance by a minor, or possession of or advertising matter portraying a sexual performance by a minor; or
(g) Murder, manslaughter, or felony assault (as defined in KRS Chapters 507 or 508 or similar laws).
(3) Has failed in the operation of a sexually oriented business to comply with any health, zoning, fire, or building code enacted or adopted by the city and has failed to correct such violation as provided in this chapter.
(F) Notice. If the city's inspection reveals a failure to comply with any provisions of this code, the License Inspector shall notify the applicant in writing of that fact, stating what failures have been discovered, allowing a reasonable time to correct such defects and informing the applicant of the appeal procedure if the applicant does not agree with the inspector's decision or finding.
(G) No transfer of license. The sexually oriented business license issued under this section does not authorize the operation of a sexually oriented business at any place other than the address designated in the application and such license is not transferable. A transfer is deemed to occur when the business is sold, leased or subleased; when securities which constitute a controlling interest in the business are sold or otherwise exchanged; or a trust, gift, or other similar legal device is established which transfers the ownership or control of the business, except for a transfer by bequest or other operation of law upon the death of the natural person possessing the ownership or control of the business.
(H) Access to license premises. The application for or the granting of a sexually oriented business license is deemed to permit periodic inspections by law enforcement officers, or other persons designated or authorized by the city, of all areas of any establishment requiring a license under this chapter for the purpose of verifying compliance with the terms and conditions of this chapter. It shall be unlawful for an applicant, licensee, owner or operator of an adult entertainment establishment to refuse to permit a law enforcement officer or authorized person to inspect the premises at any time during normal business hours of the establishment.
(I) Application and license fee. Concurrent with the submission of a license application, the applicant shall pay to the city a non-refundable fee of $100. Every adult entertainment establishment shall pay to the city an annual license fee of $3,000, which fee is due and payable upon the issuance of a license or before January 1 of each year thereafter. When the license is first issued, the annual fee may be prorated at the rate of $250 per month for the remaining months of the current fiscal year, which prorated fee is due and payable upon the issuance of a license; provided, however, that no license shall be issued for less than the sum of $1,500. No licensee shall be rebated any portion of any license fee paid to the city.
(J) Expiration. Each license shall expire on December 31 of each calendar year, unless earlier suspended or revoked. Application for a new license should be made at least 30 days prior to the expiration date.
(K) Suspension. The city may suspend a sexually oriented business license for a period not to exceed 30 days if the city determines that the applicant, owner, operator, or an employee thereof has violated any provision of this chapter, has been on the establishment premises while intoxicated or in a disorderly condition (consistent with the definition of disorderly conduct contained in KRS Chapter 525), has refused to allow an inspection of the premises, or has knowingly permitted any violation of state law to occur on the premises.
(L) Revocation. The city shall revoke a sexually oriented business license if it determines that:
(1) Cause for suspension under division (K) above occurs and the license has been suspended within the preceding 12 months;
(2) An applicant knowingly gave false or misleading information in the initial license or any subsequent license application;
(3) An applicant, owner, operator or employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(4) An applicant, owner, operator, or employee has knowingly allowed prostitution or solicitation for prostitution on the premises;
(5) An applicant, owner, operator or employee has knowingly allowed a violation specified in division (E) above to occur on the premises.
(M) Hearing for denial, suspension or revocation; appeal. If the License Fee Division determines that grounds exist to deny, suspend or revoke a sexually oriented business license, it shall notify the applicant or licensee in writing of its intent to deny, suspend, or revoke, including the grounds therefore. The notice shall be sent to the applicant or licensee by certified mail at the address specified in the application. Within five business days of receipt of such notice, the applicant or licensee may provide to the License Fee Division Administrative Officer, in writing, a response which shall include a statement of reasons why the license should not be denied, suspended or revoked and may include a request for a hearing. If a response is not timely received by the License Fee Division, the notice shall be a final administrative act of denial, suspension or revocation. If a timely response is received by the License Fee Division, it shall within three business days of the receipt of the response either withdraw the written notice of intent to deny, suspend or revoke by giving notice of such withdrawal to the applicant or licensee, or schedule a hearing before the City Council, and shall give notice of such hearing to the applicant licensee. The hearing shall be informal in nature and shall be conducted within 20 business days of the License Fee Division's receipt of the applicant or licensee's response. The City Council shall issue an oral decision at conclusion of the hearing and shall render a written decision within three business days after the completion of the hearing and shall serve the applicant or licensee with a copy of the decision by certified mail. If the applicant or licensee pursues a judicial appeal of a final decision of the City Council, then that licensee or applicant may continue to operate or work pending the completion of judicial review.
(Ord. 2515, passed 2-14-2005) Penalty, see §
116.99
