Fayette Ineligibility and Disqualification ordinance (§ 625.080)

No person is eligible nor shall a license be issued to:

A. An adult entertainment business applicant if one (1) or more of the following conditions exist:

1. The applicant's premises is located within one thousand (1,000) feet of any school, church, public park, licensed child care center or licensed child care home. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such school, church, public park, licensed day care center or licensed child care home;

2. The applicant's premises is located within one thousand (1,000) feet of any other adult entertainment business for which there is a license issued. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such other adult entertainment business;

3. The applicant's premises is located within one thousand (1,000) feet of any residentially zoned property. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the residentially zoned property;

4. In the case of an application for an adult business license for a business use defined in Section 625.010, Subsection (3)(b) or (3)(c) of the definition for "adult business," described as adult entertainment business, adult motion picture theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlor, body painting studio, bathhouse or adult motel, the applicant's premises is located within one thousand (1,000) feet of any residentially zoned property. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the residentially zoned property;

5. The applicant failed to supply all of the information requested on the application;

6. The applicant gave materially false, fraudulent or untruthful information on the application;

7. The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided, that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the City Clerk;

8. The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 625.090 of this Chapter during the time period set forth in said section;

9. The applicant has had an adult entertainment license revoked or suspended in this or any other City during the past five (5) years;

10. If the applicant is applying for a license to operate a bath house or body painting studio and has not produced a health certificate as required herein for all persons working on the premises.

B. An applicant for an adult entertainment manager, server or entertainer if one (1) or more of the following conditions exist:

1. The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (A), above;

2. The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 625.090 during the time period set forth in said section;

3. The applicant failed to provide all of the information required on the application;

4. The applicant gave materially false, fraudulent or untruthful information on the application;

5. The applicant has had an adult entertainment manager, server or entertainer license revoked or suspended in this or any other City during the past five (5) years.