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TITLE XI: Business Regulations

TITLE XI: BUSINESS REGULATIONS

 

 

Chapter

 

110. OCCUPATIONAL LICENSE TAX

 

111. ADVERTISING

 

112. ALCOHOLIC BEVERAGES

 

113. AMUSEMENTS

 

114. INSURANCE PREMIUM TAX

 

115. PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS

 

116. PRIVATE PEACE OFFICERS

 

117. PAWNBROKERS

 

118. VENDORS

 

119. FINANCIAL INSTITUTION FRANCHISE AND LOCAL

DEPOSIT TAX

 

120. SEXUALLY ORIENTED BUSINESSES

 

121. MOTOR VEHICLE SALES

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 110: OCCUPATIONAL LICENSE TAX

 

 

Section

 

Occupational License Tax

 

110.01 Definitions

110.02 Occupational license application required

110.03 Occupational tax payment required

110.04 Apportionment

110.05 Employers to withhold payroll taxes

110.06 Returns required

110.07 Net profit return extensions

110.08 Refunds

110.09 Federal audit provisions

110.10 Administrative provisions

110.11 Information to remain confidential

110.12 Use of occupational license tax

 

Rebates from Fees/Tax

 

110.25 Definitions

110.26 Criteria for rebates of occupational license fee

110.27 Filing requirements for rebate; recapture

110.28 Rebate for net profits license fees

 

110.99 Penalty

 

 

 

OCCUPATIONAL LICENSE TAX

 

 

' 110.01 DEFINITIONS.

 

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural and vice versa, and the masculine shall include the feminine and the neuter.

 

ASSOCIATION. A partnership, limited partnership, joint venture or any other form of unincorporated enterprise, owned or engaged in by two or more persons.

 

BUSINESS. Any enterprise, activity, trade occupation, profession or undertaking of any nature conducted for gain or profit. BUSINESS shall not include a board of trade, chambers of commerce, trade associations, or unions, or other associations performing services usually performed by trade associations or unions as recognized by the Internal Revenue Service. BUSINESS shall not include

 

 

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funds, foundations, corporations, or associations organized and operated for the exclusive and sole purpose of religious, charitable, scientific, literary, educational, civic or fraternal purposes, or for the prevention of cruelty to children or animals, where no part of the earnings, incomes or receipts of such unit, group or association, inures to benefit of any private shareholder or other person.

 

BUSINESS ENTITY. Each separate corporation, limited liability company, business development corporation, partnership, limited partnership, registered limited liability partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization, or other legal entity through which business is conducted.

 

COMPENSATION. Wages, salaries, commissions, or any other form of remuneration paid or payable by an employer for services performed by an employee, which are required to be reported for federal income tax purposes and adjusted as follows:

 

(1) Include any amounts contributed by an employee to any retirement, profit sharing, or deferred compensation plan, which are deferred for federal income tax purposes under a salary reduction agreement or similar arrangement, including but not limited to salary reduction arrangements under Section 401(a), 401(k), 402(e), 403(a), 403(b), 408, 414(h), or 457 of the Internal Revenue Code; and

 

(2) Include any amounts contributed by an employee to any welfare benefit, fringe benefit, or other benefit plan made by salary reduction or other payment method which permits employees to elect to reduce federal taxable compensation under the Internal Revenue Code, including but not limited to Sections 125 and 132 of the Internal Revenue Code.

 

CONCLUSION OF THE FEDERAL AUDIT. The date that the adjustments made by the Internal Revenue Service to net income as reported on the business entity=s federal income tax return become final and unappealable.

 

CORPORATION. A corporation or joint stock association organized under the laws of the United States, the State of Kentucky, or any other state, territory or foreign country or dependency.

 

CRAFT VENDOR. Persons operating a booth, stand, table or tent during the annual Tobacco Festival Crafts Show, Flying Fish Festival and similar one‑day community events for the purpose of showing and selling homemade or natural crafts or locally grown agricultural products or other craft items of a similar nature.

 

EMPLOYEE. Any person who renders services to another person or any business entity for compensation, including an officer of a corporation and any officer, employee, or elected official of the United States, a state, or any political subdivision of a state, or any agency of instrumentality of any one or more of the above. A person classified as an independent contractor under the Internal Revenue Code shall not be considered an EMPLOYEE.

 

EMPLOYER. Any individual, person, partnership, association, corporation, governmental body or unit or administrative agency, or any other entity, who or that employs one or more persons on a salary, wage, commission or other compensation basis. Also defined as the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person except that:

 

(1) If the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, EMPLOYER means the person having control of the payment of such wages, and

 

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(2) In the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, EMPLOYER means such person.

 

FIDUCIARY. A person who holds in trust property, moneys or properties, to which another has beneficial title or interest, or who receives and controls sales revenue for another person or persons.

 

FINAL DETERMINATION OF THE FEDERAL AUDIT. The revenue agents= report of other documents reflecting the final and unappealable adjustments made by the Internal Revenue Service.

 

FISCAL YEAR. Fiscal year as defined in Section 7701(a)(24) of the Internal Revenue Code.

 

INDEPENDENT CONTRACTOR.

 

(1) A person who has no payroll taxes withheld and who receives a Federal Form 1099 in lieu of a Federal Form W‑2. Compensation may be non‑monetary, such as rent‑free housing in exchange for services at an apartment building/complex or free food for restaurant workers.

 

(2) Also defined as the individual who is not subject to the direct control of another and may conduct the sale or service as he or she sees fit and may receive compensation from multiple sources. These individuals are considered self‑employed.

 

(3) (Note: Consequences of treating an employee as an INDEPENDENT CONTRACTOR: If you classify an employee as an INDEPENDENT CONTRACTOR and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker. See Internal Revenue Code Section 3509 for more information.)

 

INTERNAL REVENUE CODE. The Internal Revenue Code in; effect on December 31, 2004, exclusive of any amendments made subsequent to that date, other than amendments that extend provisions in effect on December 31, 2004 that would otherwise terminate.

 

NET PROFIT(S).

 

(1) The net income from the operation of a business or enterprise after the provision for all costs and expenses incurred in the conduct there of, shall be the same as reported for federal income tax purposes excluding items exempted under this chapter, but without deduction of taxes based on income.

 

(2) NET PROFITS also means gross income as defined in Section 61 of the Internal Revenue Code minus all the deductions from gross income allowed by Chapter 1 of the Internal Revenue Code.

 

(a) Include any amount claimed as a deduction for state tax or local tax which is computed, in whole or in part, by reference to gross or net income and which is paid or accrued to any state of the United States, local taxing authority in a state, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any foreign country or political subdivision thereof;

 

(b) Include any amount claimed as a deduction that directly or indirectly is allocable to income which is either exempt from taxation or otherwise not taxed;

 

 

 

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(c) Include any amount claimed as a net operating loss carryback or carryforward allowed under Section 172 of the Internal Revenue Code;

 

(d) Include any amount of income and expenses passed through separately as pass‑through entity for federal tax purposes; and

 

(e) Exclude any amount of income that is exempt from state taxation by the Kentucky Constitution, or the Constitution and statutory laws of the United States.

 

OCCUPATION, TRADE, PROFESSIONS OR OTHER ACTIVITY. The doing of any kind of work, the rendering of any kind of personal service or the holding of any kind of position or job within the City of Russellville, Kentucky.

 

PEDDLER. Persons who sell manufactured items door‑to‑door or from a truck or automobile.

 

PERSON. Every natural person, whether a resident or non‑resident of the City of Russellville. Whenever PERSON is used in a clause prescribing and imposing a penalty in the nature of a fine or imprisonment, the word, as applied to a partnership or other form of unincorporated enterprise, shall mean the partners or members thereof, and as applied to corporations, shall mean the officers and directors thereof.

 

RETURN or REPORT. Any properly completed and, if required, signed form, statement, certification, declaration, or any other document permitted or required to be submitted or filed with the City of Russellville.

 

RUSSELLVILLE or CITY. The City of Russellville, Kentucky.

 

SALES REVENUE. Receipts from the sale, lease, or rental of goods, services or property. (For further clarification, sales within the city shall be sales of merchandise delivered to a customer within the City of Russellville.)

 

STREET VENDOR. Food vendors or persons selling items purchased or obtained from sources other than themselves, and amusement, arcade and carnival owners/operators operating a booth, stand, table, tent, ride or amusement during the annual Tobacco Festival Crafts Show, Flying Fish Festival and similar one‑day community events.

 

TAX DISTRICT. Any county or city with the authority to levy net profits or payroll taxes.

 

TAXABLE NET PROFIT.

 

(1) In case of a business entity having payroll or sales revenue only within the City of Russellville means net profit as defined above in this section;

 

(2) In case of a business entity having payroll or sales revenue both inside and outside the City of Russellville means net profit as defined in above in this section, and as apportioned under ' 110.04.

 

TAXABLE YEAR. The calendar year or fiscal year ending during the calendar year, upon the basis of which net income is computed.

 

 

 

 

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TRANSIENT CONTRACTOR. Any individual, partnership, or corporation that does not have a permanent location in the City of Russellville and that does not do business on a repetitive basis within the city limits.

 

TRANSIENT INDEPENDENT CONTRACTOR. Any independent contractor who does not have a permanent business location in the City of Russellville, and who does not do business on a repetitive basis within the city limits. This person has no payroll taxes withheld and who receives a Federal Form 1099 in lieu of a Federal Form W‑2. Compensation may be non‑monetary.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2006-07, passed 4-4-06; Am. Ord. 2007-18, passed 12-18‑07)

Statutory reference:

For similar provisions under state law, see KRS 67.750 and 67.775

 

 

' 110.02 OCCUPATIONAL LICENSE APPLICATION REQUIRED.

 

Every person or business entity engaged in any trade, occupation, or profession, or other activity for profit, wholly or partially within the city limits or anyone required to file a return under this chapter in the City of Russellville shall be required to complete and execute the registration questionnaire prescribed by the Occupational Tax Office and pay the $25 registration fee. Each person shall be required to complete and submit a separate registration questionnaire and registration fee payment for each separate business before the commencement of business or in the event of a status change, other than change of address, telephone number, or e‑mail address. Licensees are required to notify the Occupational Tax Office of changes of address, telephone numbers, or e‑mail addresses or the cessation of business activity, and of other changes which render inaccurate the information supplied in the completed registration questionnaire. The following groups are exempted from the registration fee: ministers, federal employees and individuals over 65 years of age who are exempt from filing federal taxes. These persons must complete the registration questionnaire and are exempt only from the registration fee.

 

(A) The following money receipts are not deemed to be Asalaries, wages, commissions, and other compensations and net profits@ within the meaning of this chapter, to wit:

 

(1) Old age or retirement payments.

 

(2) Periodic payments made to persons retired from services after reaching a specified age or after a stated period of employment are not subject to the payroll tax.

 

(3) Disability, sickness and accident plans are not subject to the payroll tax. Unemployment compensation payments by the Commonwealth of Kentucky or any agent are not subject to the payroll tax.

 

(4) Death benefits. Death benefits payable by an employer to the beneficiary of an employee or to his or her estate, whether payable in a single sum or otherwise, are not subject to the payroll tax.

 

(5) Benefits arising under Workmen's Compensation Act as compensation for disabilities sustained during the course of employment, together with any amount of damages received by suit or agreement on account of such disability are not subject to the payroll tax.

 

(B) Insurance. General individuals engaged in the sale of insurance may be either employees or independent contractors, a determination which shall be governed by generally accepted principles of the accounting profession and the rules and regulations of the Internal Revenue Service.

 

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(1) Agencies. If an insurance office is located inside the City of Russellville, all net profits are subject to the Russellville net profit tax and all payroll is subject to City of Russellville payroll tax. EXCEPTION: Brokers may exclude from the Russellville net profit tax only the actual time they are conducting business outside the City of Russellville. A detailed record must be kept and submitted to the city for work time physically spent outside the city. This record must accompany the net profit return filed by April 15 of each year or 105 days after the end of the fiscal year.

 

(2) Self‑employed insurance agents based in a Russellville office. All commissions, bonuses, and the like earned within the City of Russellville are subject to the Russellville net profit tax and payroll tax.

 

(3) Group insurance commissions. Commissions paid on the sale of contracts of group insurance are subject if the group is located within the City of Russellville as a unit without regard to the residence of the writing agent.

 

(4) Bonuses and insurance payments subject to net profit tax. That proportionate part of all bonuses and incentive payments received by an agent or employee, which bears the same ratio to the total amount of commissions received by him or her on policies sold to residents, bears to the total amount of commissions received by him or her on all policies sold to both residents and non‑residents is subject to the net profit tax.

 

(C) Income received from real estate.

 

(1) All individuals who derive income from real estate must pay a registration fee to do business in the City of Russellville, and are required to pay net profit taxes, and if applicable, payroll taxes to the City of Russellville.

 

(2) The rent received from warehouses, apartments, hotels, motels, office buildings, storage facilities and structures rented for any commercial or business operation shall constitute a subject activity, and the net income there from is subject to the tax imposed by this chapter.

 

(3) Rents from single dwellings or single apartments or other rental property not specifically set out above shall constitute a subject activity and the net income there from is subject to the fee imposed by this chapter.

 

(4) All corporations engaged in the rental of real estate or partnerships organized for that purpose shall be considered to be engaged in a subject activity.

 

(5) When any property falls within the classifications above given, the manner of its acquisition, i.e., purchase, gift, inheritance, fiduciary or as fiduciary montage in position, or the like, does not affect the subject of the income derived therefrom.

 

(6) Where the property is located within the city limits, the silence of the beneficiary is immaterial.

 

(7) Brokers or agencies. If a real estate office is located inside the City of Russellville, all net profits from that location are subject to the Russellville net profit tax. EXCEPTION: Brokers may exclude from the Russellville net profit tax only the actual time they are conducting business outside the City of Russellville. A detailed record must be kept and submitted to the city for work time physically spent outside the city. This record must accompany the net profit return filed by April 15 of each year or 105 days after the end of the fiscal year.

 

 

 

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(8) Real estate agents. Real estate agents are independent contractors and must have a license in order to conduct business within the City of Russellville, regardless of business office location. All property sold within the city is subject to the net profit tax. For the sale of property outside the city, the determining factors shall be the amount of time spent in an office, at a place of public records, and at the place of closing the sale if any or all of these are within the City of Russellville. Only time spent outside the city is not subject to the net profit tax.

 

(D) Peddlers. Persons who sell manufactured items door‑to‑door or from a truck or automobile will each be required to pay a registration fee. The charge for the fee will be $100 per person for three consecutive days in which they solicit sales in the city of Russellville.

 

(E) Persons who conduct yard/tag sales more than twice per calendar year are required to register as a business and are required to remit annual net profit tax to the City of Russellville.

 

(F) Attorneys‑at‑law.

 

(1) Partnerships and corporations. If the partnership or corporate office is located inside the City of Russellville, all net profits and payroll taxes from that location are subject to the provisions of this chapter.

 

(2) Attorneys based in a Russellville office or elsewhere. All commissions, bonuses, or fees earned within the City of Russellville are subject to the Russellville net profit tax. A detailed record may be required for work time physically spent outside the city.

 

(3) Sole proprietors. Any individuals who work both inside Russellville and outside Russellville must submit at the time of filing a net profit return a detailed record of work time spent outside the City of Russellville.

 

(G) Trading securities. When a person engages in buying and selling of stocks, bonds and other types of securities and such transactions are not isolated and few but are extended so as to constitute an activity, the net profits there from including dividends and interest are subject to the net profit tax.

 

(H) Fiduciaries. Money received by a fiduciary is sales revenue, where a fiduciary is regularly engaged in a business or profession as a fiduciary, or is engaged in a business or profession commonly regarded as being incidental or collateral thereto, for example, an attorney‑at‑law, real estate agent, and the like.

 

(I) Independent contractor. An independent contractor is a person who, while performing services for another, is not under the direction and control of such other person as to the result to be accomplished by the work, and as to the details and means by which the result is accomplished, such as authors, professional persons, plumbers, electricians, seamstresses, laundresses, tailors, registered nurses. The income received by such person is subject to the net profit tax. This person has no payroll taxes withheld and will receive a Federal Form 1099 in lieu of Federal Form W‑2. (Note: Consequences of treating an employee as an independent contractor: If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker. See Internal Revenue Code Section 3509 for more information.)

 

(J) Trusts. Whenever a trust estate is engaged in enterprise, activity or business, which is productive of income, that activity or business shall be considered subject to the net profit tax.

 

 

 

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(K) Musicians and entertainers.

 

(1) Contractor. The term ACONTRACTOR@ means that individual musician through whom the purchaser and the musician negotiate the contract of services and the performance thereof. The contractor may or may not perform actual musical service under a contract which he or she has negotiated.

 

(2) Purchaser of music. The person, partnership, organization or association for whom or for which the musical services are to be performed or furnished and who exercises an employer=s control over the conduct of the musicians; for example, hotels, cafes, taprooms, restaurants, theaters, clubs, radio stations and radio sponsors.

 

(3) Responsibility for withholding fee. When a contract or agreement for the purchase of music has been executed between a purchaser and a contractor, the musician shall be deemed to be the employee of the purchaser. The purchaser shall be the person responsible for withholding the license fee from the wages paid to musicians, and the remittal thereof to the Occupational Tax Department.

 

(4) Entertainers other than musicians. An entertainer other than a musician is usually engaged by a purchaser through a booking agent. The booking agent, once the contract or agreement of employment has been executed, does not exercise an employer=s control over the entertainer. The owner of a hotel, café, taproom, restaurant, theater or club or any place which furnishes entertainment to the public or to its patrons, shall be deemed the person liable as an employer of entertainers. Such employer must deduct the license fee from the compensation paid to the entertainer and remit the same to the Occupational Tax Department.

 

(L) Other compensation.

 

(1) Tips received are subject to the net profit tax and will be reported in the same manner as an independent contractor.

 

(2) Vacation and holiday benefits are subject to the payroll tax and the tax shall be withheld and paid by the employer.

 

(3) Payments made to employees by an employer at the time of the voluntary or involuntary separation of the employee from the service of the employer are subject to the payroll tax and the tax shall be withheld and paid by the employer.

 

(4) Other individuals. Any individual who works both inside Russellville and outside Russellville must submit at the time of filing a net profit tax return, a detailed record of work time spent outside the City of Russellville.

 

(M) Other professionals.

 

(1) Partnerships and corporations. If the partnership or corporate office is located inside the City of Russellvilfe, all net profits from that location are subject to the Russellville net profit tax.

 

(2) Other professionals based in a Russellville office or elsewhere. All commissions, bonuses, or fees earned within the City of Russellville are subject to the Russellville net profit tax and payroll tax. A detailed record may be required for work time physically spent outside the city.

 

 

 

 

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(3) Sole proprietors. Any individuals who work both inside Russellville and outside Russellville must submit at the time of filing a net profit return a detailed record of work time spent outside the City of Russellville.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2006-07, passed 4-4-06; Am. Ord. 2006-14, passed 9-5-06; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

 

 

' 110.03 OCCUPATIONAL TAX PAYMENT REQUIRED.

 

There is hereby levied and imposed an annual registration fee of $25 upon all persons, associations, corporations or other entities in any business, occupation, trade profession or other activity in the City of Russellville, Kentucky, for the privilege of engaging in such business, occupation, trade, profession or other activity. Tax shall be measured by and be equal to 2% of the gross salaries, wages, commissions and other compensations earned in the city and the net profits of all business, professions or occupations from activities conducted in the city on and after the sixth day of January, 1972. Where such salaries, wages, commissions and other compensations or net profits are earned for work done or services performed or rendered both within and without the city, said tax shall be measured by such part of the salaries, wages and commissions and other services performed or rendered in the city. Such tax shall be computed by obtaining the percentage that the compensation or net profits for work performed or services rendered within the city bears to total compensation earned.

 

(A) (1) Except as provided in division (E) below, every person or business entity engaged in any business for profit, wholly or partially within the City of Russellville, and any person or business entity that is required to make a filing with the Internal Revenue Service or the Kentucky Revenue Cabinet shall be required to file and pay to the City of Russellville an occupational tax for the privilege of engaging in such activities within the City of Russellvilie. The occupational taxes shall be measured by 2% of:

 

(a) All wages and compensation paid or payable for work done or services performed or rendered in the City of Russellville by every resident and nonresident who is an employee, whether temporary, transient or permanent without regard to home office location or address of payroll issuer;

 

(b) The net profit from business conducted in the city by a resident or nonresident business entity.

 

(2) Computation of percentages of the net profits for work performed or services rendered within the city relates to the total compensation earned. The net profits of businesses and professions from activities conducted in the city shall be computed as follows: Multiply the entire net profit from all sources by a business allocation percentage to be determined by:

 

(a) Determine the percent of sales and services by dividing the receipts of sales and services rendered within the city by total sales and services rendered.

 

(b) Determine the percent of wages, salaries and other personal service compensation by dividing wages, salaries and other personal service compensation earned within the city by total wages, salaries and other personal services compensation.

 

(c) Add together the percentage determined in accordance with division (A)(2)(a) and (b) above and divide the total by two.

 

 

 

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(B) All partnerships, S corporations, and all other entities where income is Apassed through@ to the owners are subject to this chapter. The net profit tax imposed in this chapter is assessed against income before it is Apassed through@ these entities to the owners.

 

(C) If any business entity dissolves, ceases to operate, or withdraws from the City of Russellvilie during any taxable year, or if any business entity in any manner surrenders or loses its charter during any taxable year, the dissolution, cessation of business, withdrawal, or loss or surrender of charter shall not defeat the filing of returns and the assessment and collection of any net profit tax or payroll taxes for the period of that taxable year during which the business entity had business activity in the City of Russellville;

 

(D) If a business entity makes, or is required to make, a federal income tax return, the net profit tax shall be computed for the purposes of this chapter on the basis of the same calendar or fiscal year required by the federal government, and shall employ the same methods of accounting required for federal income tax purposes.

 

(E) In addition to the registration fee, transient contractors shall be required to post a cash payroll tax deposit in the amount equal to 2% of the estimated labor cost of the contract. This deposit will be held until all net profit returns and employee withholding requirements have been deemed met by the city. If the licensee fails to make any tax payment the bond will be forfeitable in its entirety. All transient contractors must supply the city with a written list of all project subcontractors and suppliers before a project=s building permit will be issued. Transient contractors and transient independent contractors will be subject to one or both of the following: (1) to post a cash payroll tax deposit equal to 2% of the estimated total labor cost; (2) to post a cash net profit deposit equal to 2% of the estimated net profit of the project. The net profit cash deposit shall be a minimum of $25. Contractor deposits will be held until the contractor furnishes the city with a list (consisting of names, addresses, and phone numbers) of all subcontractors. The contractor will keep the list current by furnishing the city with an amended list within ten days of the date of any hiring or substitution of subcontractors. A copy of each contract may be required by the city. Subcontractors shall furnish the City of Russellville with a list (consisting of names, addresses and phone numbers) of all independent contractors. The subcontractor will keep the list current by furnishing the city with an amended list within ten days of the date of any hiring or substitution of independent contractors. A copy of each contract may be required by the city.

 

(F) The occupational taxes imposed in this section shall not apply to the following persons or business entities:

 

(1) Any bank trust company, combined bank and trust company, combined trust banking and title business organized and doing business in this state; any savings and loan association whether state or federally chartered. (For further clarification: State or national banks, trust companies or combined banks and trust companies and title insurance companies organized and doing business in this state in accordance with KRS 92.300 if they pay both an ad valorem tax and a tax to the city on the fair cash value of the shares of stock as provided in KRS 136.270);

 

(2) Any compensation received by members of the Kentucky National Guard for active duty training, unit training assemblies and annual field training;

 

(3) Any compensation received by precinct workers for election training or work at elections booths in state, city, and local primary, regular, or special elections;

 

(4) Public service corporations that pay an ad valorem tax on property valued and assessed by the Kentucky Department of Revenue pursuant to the provisions of KRS 136.120.

 

 

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Licensees whose businesses are predominately non‑public service who are also engaged in public service activity are required to pay a net profit tax on their net profit derived from the non‑public service activities apportioned to the City of Russellville. (For further clarification: Public utility companies that pay both an ad valorem tax and franchise tax as provided in KRS 92.281(3) and the state tax provided in KRS 278.130(2));

 

(5) Persons or business entities that have been issued a license under KRS Chapter 243 to engage in manufacturing or trafficking in alcoholic beverages are required to file a return, but may exclude the portion of their net profits derived from the manufacturing or trafficking in alcoholic beverages;

 

(6) Insurance companies incorporated under the laws of and doing business in the Commonwealth of Kentucky except as provided in KRS 91A.080;

 

(7) Any profits, earnings, distributions of an investment fund which would qualify under KRS 154.20‑250 to 154.20‑284 to the extent of any profits, earnings or distributions would not be taxable to an individual investor;

 

(8) Manufacturing establishments, which have heretofore or are hereafter by ordinance exempt from city taxation for a period not exceeding five years immediately following their establishment as an inducement to their locating within the City of Russellville as provided in KRS 92.300;

 

(9) Craft vendors participating in the annual Tobacco Festival Crafts Show, Flying Fish Festival and other similar one‑day community events shall not be subject to the occupational license fee reporting requirements or for payment of the minimum or any occupational license fee.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2006-07, passed 4-4-06; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.763, 67.765 and 68.197

 

 

' 110.04 APPORTIONMENT.

 

(A) Except as provided in division (D) below, net profit shall be apportioned as follows:

 

(1) For business entities with both payroll and sales revenue in more than one tax district, by multiplying the net profit by a fraction, the numerator of which is the payroll factor, described in division (B) below, plus the sales factor, described in division (C) below, and the denominator of which is two; and

 

(2) For business entities with sales revenue in more than one tax district, by multiplying the net profit by the sales factor as set forth in division (C) below;

 

(3) For the purposes of divisions (A) through (D) of this section, the business entity shall file an apportionment for provided by the Occupational Tax Office.

 

(B) The payroll factor is a fraction, the numerator of which is the total amount paid or payable in the City of Russellville during the tax period by the business entity for compensation, and the denominator of which is the total compensation paid or payable by the business entity everywhere during the tax period. Compensation is paid or payable in the City of Russellville based on the time the individual=s service is performed within the City of Russellville.

 

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(C) The sales factor is a fraction, the numerator of which is the total sales revenue of the business entity in the City of Russellville during the tax period, and the denominator of which is the total sales revenue of the business entity everywhere during the tax period.

 

(1) The sales, lease, or rental of tangible personal property is in the City of Russellville if:

 

(a) The property is delivered or shipped to a purchaser, other than the United States government, or to the designee of the purchaser within the City of Russellville regardless of the f.o.b. point or other conditions of the sale; or

 

(b) The property is shipped from an office, store, warehouse, factory, or other place of storage in the City of Russellville and the purchaser is the United States government.

 

(2) Sales revenues, other than revenue from the sale, lease or rental of tangible personal property or the lease or rental of real property, are apportioned to the City of Russellville based upon a fraction, the numerator of which is the time spent in performing such income‑producing activity within the City of Russellville and the denominator of which is the total time spent performing that income‑producing activity.

 

(3) Sales revenue from the sale, lease, or rental of real property is allocated to the tax district where the property is located.

 

(D) If the apportionment provisions of this section do not fairly represent the extent of the business entity=s activity in the City of Russellville, the business entity may petition the City of Russellville or the City of Russellville may require in respect to all or any part of the business entity=s business activity, if reasonable:

 

(1) Separate accounting;

 

(2) The exclusion of any one or more of the factors;

 

(3) The inclusion of one or more additional factors which will fairly represent the business entity=s business activity in the City of Russellville; or

 

(4) The employment of any other method to effectuate an equitable allocation and apportionment of net profit.

 

(E) When compensation is paid or payable for work done or services performed or rendered by an employee, both inside and outside the City of Russellville, the payroll tax shall be measured by that part of the compensation paid or payable as a result of work done or service performed or rendered within the City of Russellville. The payroll tax shall be computed by obtaining the percentage which the compensation for work performed or services rendered within the City of Russellville relates to the total wages and compensation paid or payable. In order for the City of Russellville to verify the accuracy of a taxpayer=s reported percentages under this division (E), the taxpayer shall maintain adequate records.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2006-07, passed 4-4-06; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.753

 

 

 

 

 

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' 110.05 EMPLOYERS TO WITHHOLD PAYROLL TAXES.

 

(A) Every employer making payment of compensation to an employee shall deduct and withhold upon the payment of the compensation any tax imposed against the compensation by the City of Russellville. Amounts withheld shall be paid to the City of Russellville in accordance with ' 110.03. Tax shall be measured by and be equal to 2% of the gross salaries, wages, commissions and other compensations earned in the city.

 

(B) Every employer required to deduct and withhold tax under this section shall, for the month or quarter ending after January 1 and for each month or quarter ending thereafter, on or before the end of the month following the close of each month or quarter, make a return and report to the City of Russellville, and pay to the City of Russellville, the tax required to be withheld under this section unless the employer is permitted or required to report within a reasonable time after some other period as determined by the City of Russellville.

 

(C) Every employer who fails to withhold or pay to the City of Russellville any sums required by this chapter to be withheld and paid shall be personally and individually liable to the City of Russellville for any sum or sums withheld or required to be withheld in accordance with the provisions of this section.

 

(D) The City of Russellville shall have a lien upon all the property of any employer who fails to withhold or pay over to the City of Russellville sums required to be withheld under this section. If the employer withholds, but fails to pay the amounts withheld to the City of Russellville, the lien shall commence as of the date the amounts withheld were required to be paid to the City of Russellville. If the employer fails to withhold, the lien shall commence at the time the liability of the employer is assessed by the City of Russellville.

 

(E) Every employer required to deduct and withhold tax under this section shall annually on or before February 28 of each year complete and file on a form furnished or approved by the City of Russellville a reconciliation of the occupational license tax withheld where compensation is paid or payable to employees. Either copies of Federal Forms W‑2 and W‑3, transmittal of wage and tax statements, or a detailed employee listing with the required equivalent information, as determined by the City of Russellville, shall be submitted.

 

(F) Every employer shall furnish each employee a statement on or before January 31 of each year showing the amount of compensation and occupational payroll tax deducted by the employer from the compensation paid to the employee for payment to the City of Russellville during the preceding calendar year.

 

(G) An employer shall be liable for the payment of the payroll tax required to be deducted and withheld under this section.

 

(H) The president, vice president, secretary, treasurer or any other person holding an equivalent corporate office of any business entity subject to this chapter shall be personally and individually liable, both jointly and severally, for any payroll tax required to be withheld from compensation paid to one or more employees of any business entity, and neither the corporate dissolution or withdrawal of the business entity from the City of Russellville, nor the cessation of holding any corporate office, shall discharge that liability of any person; provided that the personal and individual liability shall apply to each or every person holding the corporate office at the time the payroll tax becomes or became obligated. No person shall be personally and individually liable

 

 

 

 

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under this division (H) who had no authority to collect, truthfully account for, or pay over any payroll tax imposed by this chapter at the time that the taxes imposed by this chapter become or became due.

 

(I) Every employee receiving compensation in the City of Russellville subject to the payroll tax imposed under ' 110.03 shall be personally liable for the payroll tax notwithstanding the provisions of divisions (G) and (H) of this section. In all cases where the employer does not withhold the payroll tax levied under this chapter from the employee, such employee or employees shall be responsible for filing with the City of Russellville each quarter in the same manner as if they were the employer. If an employer fails to or is not required to withhold, report, or pay the payroll tax, it shall become the duty of the employee to file with the City of Russellville. The only employer that is not required to withhold, report, and pay the payroll license tax is the federal government including the United States Postal Service. The payment required to be made by an employee, can be made quarterly for the periods ending March 31, June 30, September 30, and December 31 of each year. A copy of the employee=s W‑2 form must be received by February 28 for the preceding calendar year. Employers not required to withhold, report, or pay the payroll tax must annually during the month of January of each year, make a return to the occupational tax administrator, in which is set forth the name and social security number of each employee of the employer during the preceding calendar year, giving the amount of salaries, wages, commissions or other compensation earned during such preceding year by each such employee. This list shall include all current full time employees, part time employees, temporary employees, and terminated employees whether it be voluntary or involuntary.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2006-07, passed 4-4-06; Am. Ord. 2006-14, passed 9-5-06; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.780, 67.783 and 67.785

 

 

' 110.06 RETURNS REQUIRED.

 

(A) All business entity net profit returns for the preceding taxable year shall be made by April 15 of each year, except net profit returns made on the basis of a fiscal year, which shall be made by the fifteenth day of the fourth month following the close of the fiscal year. Blank forms for returns shall be supplied by the City of Russellville.

 

(B) Every business entity shall submit a copy of its federal income tax return (Form 1040) and all supporting statements and schedules at the time of filing its net profit return with the City of Russellville. Whenever in the opinion of the City of Russellville, it is necessary to examine the federal income tax return of any business entity in order to audit the return, the City of Russellville may compel the business entity to produce for inspection the return, the City of Russellville may compel the business entity to produce for inspection a copy of any statements and schedules in support thereof that have not been previously filed. The City of Russellville may also require copies of reports of adjustments made by the federal government.

 

(C) Every business entity subject to an occupational taxes governed by the provisions of this chapter shall keep records, render under oath statements, file returns and comply with rules as the City of Russellville from time to time may prescribe. Whenever the City of Russellville deems it necessary, the City of Russellville may require a business entity, by notice served to the business entity, to file a return, render statements under oath, or keep records, as the City of Russellville deems sufficient to determine the tax liability the business entity.

 

 

 

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(D) The City of Russellville may require, for the purpose of ascertaining the correctness of any return or for the purposes of making an estimate of the taxable income of any business entity, the attendance of a representative of the business entity or of any other person having knowledge in the premises.

 

(E) It shall be the responsibility of persons who make Federal Form 1099 Anon‑employee compensation@ payments to natural persons other than employees for services performed within the City of Russellville, to maintain records of such payments and to report such payments to the City of Russellville. Said payments must be reported on by remitting Federal Form 1099 by February 28 of the year following the close of the calendar year in which the non‑employee compensation was paid. If a business entity or person is not required to remit Federal Form 1099 to the IRS, including but not limited to payments less than $600, they are still liable to remit the equivalent information to the City of Russellville. The information required to be reported by said licensee shall include:

 

(1) Payer=s name, address, social security and/or federal identification number;

 

(2) Recipient=s name and address;

 

(3) Recipients= social security and/or federal identification number;

 

(4) Amount of non‑employee compensation paid in the calendar year;

 

(5) Amount of non‑employee compensation earned in the City of Russellville for the calendar year.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2006-07, passed 4-4-06; Am. Ord. 2006-14, passed 9-5-06; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.760, 67.768 and 67.773

 

 

' 110.07 NET PROFIT RETURN EXTENSIONS.

 

(A) The City of Russellville may grant any business entity an extension of not more than six months, unless a longer extension has been granted by the Internal Revenue Service or is agreed to by the City of Russellville and the business entity, for filing its return, if the business entity, on or before the date prescribed for payment of the net profit license tax, requests the extension by providing a copy of the federal extension request and pays the amount properly estimated as its tax, or the minimum amount due of $25, whichever is greater.

 

(B) If the time for filing a return is extended, the business entity shall pay, as part of the tax, an amount equal to 12% per annum simple interest on the balance shown due on the return, from the original return date the tax was due until the return is actually filed and the tax paid to the City of Russellville. A fraction of a month is counted as an entire month.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2007‑06, passed 4-4-06; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.770

 

 

 

 

 

 

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' 110.08 REFUNDS.

 

(A) Where there has been an overpayment of payroll tax under ' 110.05, a refund or credit shall be made to the employer only to the extent that the amount of the overpayment was not deducted and withheld under ' 110.05 by the employer.;

 

(B) Unless written application for refund or credit is received by the City of Russellville from the employer or business entity within two years from the date the overpayment was made, no refund or credit shall be allowed.

 

(C) An employee who has compensation attributable to activities performed outside the City of Russellville, based on time spent outside the City of Russellville, whose employer has withheld and remitted to this city the occupational payroll tax on the compensation attributable to activities performed outside the City of Russellville, may file for a refund within two years of the date prescribed by law for the filing of a return. The employee shall provide a schedule and computation sufficient to verify the refund claim and the city may confirm with the employer the percentage of time spent outside the City of Russellville and the amount of compensation attributable to activities performed outside the City of Russellville prior to approval of the refund.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2007-18, passed 12-18-07)

Statutory reference:

For similar provisions under state law, see KRS 67.788

 

 

' 110.09 FEDERAL AUDIT PROVISIONS.

 

(A) As soon as practicable after each return is received, the City of Russellville may examine and audit the return. If the amount of tax computed by the City of Russellville is greater than the amount returned by the business entity, the additional tax shall be assessed and a notice of assessment mailed to the business entity by the City of Russellville within five years from the date the return was filed, except as otherwise provided in this division (A).

 

(1) In the case of a failure to file a return or of a fraudulent return the additional tax may be assessed at any time.

 

(2) In the case of a return where a business entity understates net profit, or omits an amount properly includable in the net profits, or both, which understatement or omission, or both, is in excess of 25% of the amount of net profit stated in the return, the additional tax maybe be assessed at any time within six years after the return was filed.

 

(3) In the case of an assessment of additional tax relating directly to adjustments resulting from a final determination of a federal audit, the additional adjustments resulting from a final determination of a federal audit, the additional tax may be assessed before the expiration of the times provided in this division (A), or six months from the date the City of Russellville receives the final determination of the federal audit from the business entity, whichever is later.

 

(4) The times provided in this division (A) may be extended by agreement between the business entity and the City of Russellville. For purposes of this division (A), a return filed before the last day prescribed by law for filing the return shall be considered as filed on the last day. Any extension granted for filing the return shall also be considered as extending the last day prescribed by law for filing the return.

 

 

 

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(B) Every business entity shall submit a copy of the final determination of the federal audit within 30 days of the conclusion of the federal audit.

 

(C) The City of Russellville may initiate a civil action for the collection of any additional tax within the times prescribed in division (A) above.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.775

 

 

' 110.10 ADMINISTRATIVE PROVISIONS.

 

(A) No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied by this chapter.

 

(B) Any tax collected pursuant to the provisions of this chapter may be refunded or credited within two years of the date prescribed by law for the filing of a return or the date the money was paid to the City of Russellville, whichever is later, except that:

 

(1) In any case where assessment period contained in ' 110.09 has been extended by an agreement between the business entity and the City of Russellville, the limitation contained in this division (A) shall be extended accordingly.

 

(2) If the claim for refund or credit relates directly to adjustments resulting from a federal audit, the business entity shall file a claim for refund or credit within the time provided for in this division (A) or six months from the conclusion of the federal audit, whichever is later.

 

(3) For the purposes of this division (A), a return filed before the last day prescribed by law for filing the return shall be considered as filed on the last day.

 

(C) The authority to refund or credit overpayments of taxes collected pursuant to this chapter is vested exclusively in the City of Russellville.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2007-18, passed 12-18-07)

Statutory update:

For similar provisions under state law, see KRS 67.778

 

 

' 110.11 INFORMATION TO REMAIN CONFIDENTIAL.

 

(A) No present or former employee of the City of Russellville shall intentionally and without authorization inspect or divulge any information acquired by him or her of the affairs of any person, or information regarding the tax schedules, returns, or reports required to be filed with the City of Russellville or other proper officer, or any information produced by a hearing or investigation, insofar as the information may have to do with the affairs of the person=s business. This prohibition does not extend to information required in prosecutions for making false reports or returns for taxation, or any other infraction of the tax laws, or in any way made a matter of public record, nor does it preclude furnishing any taxpayer or the taxpayer=s properly authorized agent with information respecting his or her own return. Further, this prohibition does not preclude any employee of the City of Russellville from testifying in any court, or from introducing as evidence returns or reports filed with the City of Russellville in an action for violation of the City of Russellville tax laws or in any action challenging the City of Russellville laws.

 

 

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(B) The City of Russellville reserves the right to disclose to the Commissioner of Revenue of the Commonwealth of Kentucky or his or her duly authorized agent all such information and rights to inspect any of the books and records of the city if the Commissioner of Revenue of the Commonwealth of Kentucky grants to the City of Russellville the reciprocal right to obtain information from the files and records of the Kentucky Department of Revenue and maintains the privileged character of the information so furnished. Provided, further that the City of Russellville may publish statistics based on such information in a manner as not to reveal data respecting net profits or compensation of any person or business entity.

 

(C) In addition, the City of Russellville is empowered to execute similar reciprocity agreements as described in division (B) above with any other taxing entity, should there be a need for exchange of information in order to effect diligent enforcement of this chapter.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2007-18, passed 12-18-07) Penalty, see ' 110.99

Statutory reference:

For similar provisions under state law, see KRS 67.790

 

 

' 110.12 USE OF OCCUPATIONAL LICENSE TAX.

 

All funds collected through the occupational license taxes shall be deposited to the City of Russellville General Fund. The city provides police protection, fire protection, street services, cemetery, parks and recreation services.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2007-18, passed 12-18-07)

 

 

 

REBATES FROM FEES/TAX

 

 

' 110.25 DEFINITIONS.

 

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BUSINESS. Any lawful for-profit corporation, trade of profession which establishes a new business in the historic downtown business district and opens for business on or after October 1, 2007. The following new businesses will not be eligible for the rebate extended by this subchapter:

 

(1) Pawn shops.

 

(2) Consignment or thrift shops.

 

(3) ARent to own@ stores.

 

(4) Check-to-cash financing businesses.

 

CAPITAL IMPROVEMENT. A repair or restoration of any aspect of real property, or an addition of any structure or major piece of equipment built or installed upon real property, all of which permanently increases the real property=s value, capacity and useful life.

 

 

 

 

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EMPLOYEE. One who is employed by a business at least 35 hours per week whose gross wages are subject to the provisions of '' 110.01 through 110.12. An EMPLOYEE shall not mean the owner of a business who is required to file an annual net profits license fee return with the city.

 

HISTORIC DOWNTOWN BUSINESS DISTRICT. Those existing buildings located within and bounded by Summer Street, Winter Street, Fifth Street, and Third Street.

(Ord. 2007-11, passed 8-7-07)

 

 

' 110.26 CRITERIA FOR REBATES OF OCCUPATIONAL LICENSE FEE.

 

(A) Eligibility. Any new business with at least one full-time employee opening in the historic downtown business district on or after October 1, 2007, after investment of not less than $10,000 in capital improvements, shall be eligible for the occupational license fee and net profits license fee rebates contained in this subchapter for a period of not to exceed three years from the date the business obtains an occupational license from the city.

 

(B) Proof of capital improvement. Any business, as defined in ' 110.25, seeking the rebate shall appear before the City Council with evidence to show the required capital improvements have been made.

 

(C) Proof of employee(s) hired. Any business, as defined in ' 110.25, seeking the rebate shall appear before the City Council with evidence to show at least one full-time employee has been hired, such as IRS Form W-4.

 

(D) Granting of rebate status. City Council shall have the authority to grant or deny rebate status under this subchapter upon presentation of the requirements set forth in this subchapter.

(Ord. 2007-11, passed 8-7-07)

 

 

' 110.27 FILING REQUIREMENTS FOR REBATE; RECAPTURE.

 

(A) Any business which meets the criteria of this subchapter shall be eligible to apply for a rebate from occupational license fees for up to three years as follows:

 

(1) On at least a quarterly basis, the business shall file the return of payroll tax withheld from with the city, showing the gross wages paid to employees (Line 2).

 

(2) The business shall calculate the amount of occupational license fee owed (Line 5).

 

(3) Eligible businesses shall then be eligible for a rebate form from withholding, and payment, of the amount on Line 5, and shall write on Line 9 ARebate by Ordinance 2007-11.@

 

(B) Any business which at any time has failed to meet the criteria of this subchapter will be required to recapture all amounts previously granted a rebate by this subchapter by making payment, in full, for the amounts previously subject to rebate status by this subchapter, within 30 days after receiving written notice from the city.

 

(C) It shall not be a defense to the business that the amounts were not withheld by the employer from the earnings of the employee, and it is the employer who shall be responsible to the city for payment thereof.

(Ord. 2007-11, passed 8-7-07)

 

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' 110.28 REBATE FOR NET PROFITS LICENSE FEES.

 

(A) Any business which meets the criteria of this subchapter shall be eligible for a rebate for net profits license fees for up to three years as follows:

 

(1) On an annual basis, the business shall file with the city its net profits license fee return.

 

(2) The annual net profits license fee return shall be completed in full, and the amount owed to the city listed on Line 17.

 

(3) Eligible businesses shall then be eligible for a rebate from payment of an annual net profits license fee to the city, and shall write on Line 20 ARebate by Ordinance 2007-11.@

 

(B) Any business which at any time has failed to meet the criteria of this subchapter will be required to recapture all amounts previously subject to rebate by this subchapter by making payment, in full, for the amounts previously subject to rebate by this subchapter, within 90 days after receiving written notice from the city.

(Ord. 2007-11, passed 9-7-07)

 

 

 

' 110.99 PENALTY.

 

(A) (1) A business entity subject to tax on net profits may be subject to a penalty equal to 5% of the tax due for each calendar month or fraction thereof that payment is late if the business entity:

 

(a) Fails to file any return or report on or before the due date prescribed for filing or as extended by the City of Russellville; or

 

(b) Fails to pay the tax computed on the return or report on or before the due date prescribed for payment.

 

(2) The total penalty levied pursuant to this division (A) shall not exceed 25% of the total tax due; however, the penalty shall not be less than $25.

 

(B) Notwithstanding any other penalty to the contrary provided elsewhere in this chapter, one who fails to obtain a peddler's license as required under ' 110.02(C) shall be subject to a fine of $100 per person.

 

(C) Every employer who fails to file a return or pay the tax on or before the date prescribed under ' 110.05 may be subject to a penalty in an amount equal to 5% of the tax due for each calendar month or fraction thereof. The total penalty levied pursuant to this division (C) shall not exceed 25% of the total tax due; however the penalty shall not be less than $25.

 

(D) In addition to the penalties prescribed in this section, any business entity or employer shall pay, as part of the tax, an amount equal to 12% per annum simple interest on the tax shown due, but not previously paid, from the time tax was due until the tax is paid to the City of Russellville. A fraction of a month is counted as an entire month.

 

(E) Every tax imposed by this chapter, and all increases, interest, and penalties thereon, shall become from the time the tax is due and payable, a personal debt of the taxpayer to the City of Russellville.

 

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(F) The City of Russellville may enforce the collection of the occupational taxes due under ' 110.03 and any fees, penalties, and interest as provided in divisions (A) and (C) through (E) of this section by civil action in a court of appropriate jurisdiction. To the extent authorized by law, the City of Russellville shall be entitled to recover all court costs and reasonable attorney fees incurred by it in enforcing any provisions of this chapter.

 

(G) In addition to the penalties prescribed in this section, any person, business entity or employer who willfully fails to make a payroll return, willfully makes a false payroll return, or who willfully fails to pay payroll taxes owing or withheld, with the intent to evade payment of the payroll tax or amount withheld or any part thereof, shall be guilty of a Class A misdemeanor.

 

(H) Any person who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under or in connection with, any matter arising under this chapter of a return, affidavit, claim, or other document, which is fraudulent or is false as to any material, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document, shall be guilty of a Class A misdemeanor.

 

(I) A RETURN for the purpose of this section shall mean and include any return, declaration, or form prescribed by the City of Russellville and required to be filed with the City of Russellville by the provisions of this chapter, or by the rules of the City of Russellville or by written request for information to business entity by the City of Russellville.

 

(J) (1) Any person violating the provisions of ' 110.11 by intentionally inspecting confidential tax payer information without authorization, shall be fined not more than $500 or imprisoned for not longer than six months or both.

 

(2) Any person violating the provisions of ' 110.11 by divulging confidential taxpayer information shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

(Ord. 2001-13, passed 10-2-01; Am. Ord. 2003-16, passed 11-18-03; Am. Ord. 2006-07, passed 4‑4‑06; Am. Ord. 2007-18, passed 12‑18‑07)

Statutory reference:

For similar provisions under state law, see KRS 67.790

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 111: ADVERTISING

 

 

Section

 

111.01 Placing advertisements upon public places

 

 

' 111.01 PLACING ADVERTISEMENTS UPON PUBLIC PLACES.

 

(A) It shall be unlawful to tack or place any sign, bill, poster, or advertisement of any nature on any pole, tree, or other plant or structure of any street, alley, or other public place in any manner without having a permit therefor. Application for such permit shall be made to the City Clerk, and a fee of $l shall be paid for each ten such signs or fraction thereof. No such sign, poster, or advertisement shall be permitted to remain in such public place for a period of longer than 40 days; and any such advertisement, sign, or poster giving notice of an event or referring to an election shall be removed within ten days after the taking place of that event or election.

 

(B) No such permit shall be issued unless there is deposited with the City Clerk the sum of $25, which sum shall be returned to the applicant if the applicant causes all such signs, posters, or advertisements to be removed within the time prescribed by this section. If the applicant does not cause the removal of such signs, posters, or advertisements within that time, then his $25 deposit shall be forfeited to the city.

 

(C) The provisions of this section shall not apply to notices posted by order of court or notices to the public required by law to be posted in a public place.

(Ord. 79-6, passed 5-22-79) Penalty, see ' 10.99

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 112: ALCOHOLIC BEVERAGES

 

 

Section

 

General Provisions

 

112.01 Definitions

112.02 Hours when sales permitted

112.03 Advertising and sign restrictions

112.04 Regulations relating to servers

 

Licensing

 

112.15 License required

112.16 Types of licenses; fees

112.17 Issuance of licenses; payment of fees

112.18 Terms of license

112.19 Display of license

112.20 Lost or destroyed licenses

112.21 State license required

112.22 Regulatory license fee

112.23 Revocation or suspension

 

Administration; Enforcement

 

112.35 City Alcoholic Beverage Control Administrator

112.36 Consenting to right of entry by submitting application

112.37 Immunity

112.38 Violations of state or federal law or other regulations

 

112.99 Penalty

 

 

GENERAL PROVISIONS

 

 

' 112.01 DEFINITIONS.

 

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ALCOHOL, ALCOHOLIC BEVERAGE, BUILDING CONTAINING LICENSED PREMISES, CONVICTED, CONVICTION, DISTILLED SPIRITS or SPIRITS, DISTRIBUTOR, MALT BEVERAGE, PREMISES, RETAIL SALE, RETAILER, SALE, SELL, WHOLESALE SALE, WHOLESALER, and WINE shall have the same definitions as set forth in KRS Chapter 241.

 

 

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LICENSE. Any license issued pursuant to this chapter.

 

LICENSEE. Any person, partnership, corporation, or other business entity to which a license has been issued pursuant to this chapter.

(Ord. 83-6, passed 3-23-83)

 

 

' 112.02 HOURS WHEN SALES PERMITTED.

 

A licensee may sell alcoholic beverages or do any act authorized by the licensee=s license with respect to the sale of alcoholic beverages only during the hours between 6:00 a.m. and midnight, prevailing time, except that no retail sale shall be made during the hours the polls are open on any election day, on Sundays, or Christmas.

(Ord. 83-6, passed 3-23-83) Penalty, see ' 112.99

 

 

' 112.03 ADVERTISING AND SIGN RESTRICTIONS.

 

No signs referring to alcoholic beverages directly or indirectly visible from the outside, except as that reference may be contained in the name of the business establishment, shall be permitted. No flashing lights or neon lamps shall be used to illuminate signs unless approved by the Beautification Committee of the city as promoting the aesthetic quality of the city. In particular, Chapter 155 the zoning code of the city, but not by way of limitation, as it regards signs, shall apply to all licensed premises.

(Ord. 83-6, passed 3-23-83) Penalty, see ' 112.99

 

 

' 112.04 REGULATIONS RELATING TO SERVERS.

 

(A) (1) For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

SERVER. Any person employed or working in any capacity, whether as an employee, volunteer help or as a working proprietor, in any premises licensed for the sale of alcoholic beverages where alcoholic beverages are available for retail package sale, or where sold or dispensed by the drink, or where malt beverages are sold for consumption on the premises and whose job duties include the sale, dispensing or service of alcoholic beverages or the management of the licensed premises.

 

(2) No person shall be employed by a licensed premise as a server unless the server has successfully completed a city-approved alcoholic beverage server training program.

 

(3) All persons required to undergo the training set forth in division (A)(1) above shall complete such training within 120 days of the effective date of this section. New licensees, employees, officers and agents shall complete the mandatory responsible beverage service training within 60 days from the date of employment. Licensees, employees, officers or agents who fail to

complete the mandatory responsible beverage service training within the prescribed time shall not sell or serve alcoholic beverages on the licensed premises until they have successfully completed

 

 

 

 

 

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the required training. All persons completing the training requirements in this section shall be recertified in responsible beverage service training under the foregoing criteria not less than once every three years thereafter.

 

(4) Each licensed premise shall maintain a file at the licensed premise for each server for whom training is required. The file shall contain the name, job description, date of employment and proof of certification of each server regulated by this section. This information shall be available at any reasonable time to any alcoholic beverage control officer or any police officer.

 

(5) This section shall not apply to those holders of a wholesale license for the sale of alcoholic beverages.

 

(B) The City of Russellville officially recognizes the following agencies as being qualified to provide the training required by this section:

 

(1) ATIPS@ (Training for Intervention Procedures) as administered by Health Communications, Inc.

 

(2) ASTAR@ (Server Training in Alcoholic Regulations) as administered by the Kentucky Alcoholic Beverage Control Board.

 

(3) Other training agencies may be approved by the City of Russellville Administrator of Alcoholic Beverages from time to time.

(Ord. 2005-08, passed 6-21-05)

 

 

 

LICENSING

 

 

' 112.15 LICENSE REQUIRED.

 

No person, firm, or corporation shall do any act authorized by any kind of license provided for in this chapter with respect to the storage, sale, purchase, transporting, or other traffic in alcoholic beverages unless the person, firm, or corporation holds the kind of license from the city which authorizes such act. No person, firm, or corporation which conducts a place of business patronized by the public and which does not hold a license to sell distilled spirits, and wine or malt beverages shall permit any person to sell, barter, loan, give away, or drink distilled spirits, wine, or malt beverages on the premises of his or her place of business.

(Ord. 83-6, passed 3-23-83) Penalty, see ' 112.99

 

 

' 112.16 TYPES OF LICENSES; FEES.

 

(A) The following kinds of distilled spirits and wine licenses and malt beverage licenses may be issued by the city and the annual fees for each license shall be:

 

 

 

 

 

 

 

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18 Russellville - Business Regulations

 

 

 

Type of License

 

Fee

 

Distilled Spirits and Wine Licenses

 

 

 

Distilled spirits and wine wholesaler=s license

 

$3,000

 

Distilled spirits and wine retail package license

 

600

 

Distilled spirits and wine retail drink license

 

600

 

Wine retail drink license

 

300

 

Malt Beverage Licenses

 

 

 

Malt beverage distributor=s license

 

400

 

Malt beverage retail package carry-out license

 

200

 

Malt beverage retail drink license

 

200

 

(B) The issuance of a distilled spirits and wine wholesaler=s license, a distilled spirits and wine retail package license, a distilled spirits and wine retail drink license, and a malt beverage distributor=s license shall authorize the licensee to do the acts authorized by the corresponding state license within the city limits, unless specifically limited by this chapter, an amendment hereto, or a rule or regulation of the city approved by a majority of a quorum of the City Council.

 

(C) A malt beverage retail package carry-out license shall authorize the licensee to purchase, receive, possess, and sell malt beverages at retail and only for consumption off the licensed premises. The licensee shall purchase only from licensed brewers or licensed distributors.

 

(D) A malt beverage retail drink license shall authorize the licensee to purchase, receive, possess, and sell malt beverages at retail for consumption on the licensed premises. The licensee shall purchase only from licensed brewers or licensed distributors. Unless the licensee holds a malt beverage retail package carry-out license, he or she shall not sell malt beverages by the package for consumption off the premises. A malt beverage retail drink license shall only be issued to a business for a location which receives 50% or more of its gross annual income from the sale of food consumed on the premises and has, and maintains, a minimum indoor seating capacity of 50 people.

 

(E) In the event the premises on which an applicant=s business is to be conducted is located within 200 feet of any school, hospital, church, public park, or playground, the City Alcoholic Beverage Control Administrator shall, before granting any license, consider the effect on and from the surrounding area in the event the application was granted. Upon a determination that the granting of the license would probably harm or otherwise adversely affect or be affected by the surrounding area, the City Alcoholic Beverage Control Administrator may deny the application after a hearing held pursuant to ' 112.23(B).

 

(F) Distilled spirits and wine retail package licenses shall be issued only for premises on which at least 75% of the gross revenues are derived from the sale of alcoholic beverages.

 

(G) A distilled spirits retail drink license permits only retail sale of distilled spirits by the drink for consumption on the licensed premises where sold, and not for resale in any form. This license is available only to hotels, motels or inns containing not less than 50 sleeping units and having dining facilities for not less than 100 persons or bona fide restaurants open to the general public having dining facilities for not less than 100 persons.

(Ord. 83-6, passed 3-23-83; Am. Ord. 83-10, passed 6-24-83; Am. Ord. 2005-03, passed 2-21-05)

Statutory reference:

City licenses; fees, see KRS 243.070

 

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Alcoholic Beverages 18‑1

 

 

' 112.17 ISSUANCE OF LICENSES; PAYMENT OF FEES.

 

Applications for the issuance or renewal of all licenses provided for in this chapter shall be made to the City Administrator. All applications shall include a complete copy of the application submitted for the corresponding state license together with all other information as may be designated by the City Alcoholic Beverage Control Administrator. All such forms and information shall be previously approved by a majority of a quorum of the City Council. All license fees collected pursuant hereto shall be paid to and collected by the Director of Finance.

(Ord. 83‑6, passed 3‑23‑83)

Statutory reference:

Issuance of city licenses, see KRS 243.610

 

 

' 112.18 TERMS OF LICENSE.

 

(A) All licenses issued by the department, except special event or temporary licenses, shall be valid for a period of no more than a year. All licenses shall expire on June 30 of each year until the licensee is notified by the department that a renewal system with staggered dates has been implemented. The Department shall promulgate administrative regulations establishing the year‑round system for renewal of licenses. The system shall be designed to distribute the workload as uniformly as possible within the offices of the local administrators and the Department.

 

(B) When any person applies for a new license authorized to be issued under KRS 243.020 to 243.670, he or she shall be charged, if the license is issued, the full fee for the respective license if six months or more remain before the license is due to be renewed and one‑half the fee if less than six months remain before the license is due to be renewed. No abatement of license fees shall be permitted to any person who held a license of the same kind for the same premises in the preceding license period and who was actually doing business under the license during the last month of the preceding license period.

 

(C) The renewal by the Department of the certificate or permit of any alcoholic beverage license shall not be construed to waive or condone any violation that occurred prior to the renewal and shall not prevent subsequent proceedings against the licensee.

(KRS 243.090)

 

 

' 112.19 DISPLAY OF LICENSE.

 

(A) Before commencing or doing any business for the time for which a license has been issued, the license shall be posted and at all times displayed in a conspicuous place in the room or principal room where the business is carried on, so that all persons visiting the place may readily see the license.

 

(B) No licensee shall post the license, or permit it to be posted, upon premises where traffic in alcoholic beverages is being carried on by any person other than the licensee; or knowingly deface, destroy, or alter the license in any respect.

(Ord. 83‑6, passed 3‑23‑83) Penalty, see ' 112.99

Statutory reference:

Posting of licenses, see KRS 243.620

 

 

 

 

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' 112.20 LOST OR DESTROYED LICENSES.

 

Whenever a license is lost or destroyed without the fault of the licensee or his or her agents or employees, a duplicate license shall be issued upon proof of loss satisfactory to the City Alcoholic Beverage Control Administrator and upon payment of a fee of $1.

(Ord. 83‑6, passed 3‑23‑83)

 

 

' 112.21 STATE LICENSE REQUIRED.

 

(A) No license provided for hereunder shall be issued, renewed, or transferred to any person, firm, or corporation until the person, firm, or corporation shall have obtained the issuance, renewal,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Alcoholic Beverages 19

 

 

or transfer of the state license corresponding thereto. The state malt beverage retailer's license corresponds to the city malt beverage retail drink license. In each instance, the licensed premises covered by the city license must be the same as the licensed premises covered by the corresponding state license.

 

(B) The city license issued to any person, firm, or corporation shall remain valid only so long as the state license corresponding thereto, issued to the person, firm, or corporation, shall be valid. Any revocation, suspension, nonrenewal, or other action which makes the state license null and void shall operate to revoke, suspend, make nonrenewable, and thereby make null and void the city license corresponding thereto for the same period of time. Any city license which is revoked, suspended, not renewed, or so made invalid shall be immediately surrendered to the City Alcoholic Beverage Control Administrator.

(Ord. 83-6, passed 3-23-83) Penalty, see ' 112.99

 

 

' 112.22 REGULATORY LICENSEE FEE.

 

(A) A regulatory license fee is imposed on the gross receipts from retail sales of alcoholic beverages under each license issued under ' 112.16 for the purpose of insuring full reimbursement to the city for the cost of any additional policing, regulatory, or administrative expenses, related to the sale of alcoholic beverages in the city. The City Council shall adopt, at the budget adoption for the fiscal year, such percentage rates as shall be reasonably estimated to insure full reimbursement to the city for the cost of any additional policing, regulatory, or administrative expenses, related to the sale of alcoholic beverages in the city. Such regulatory license fee shall be in addition to any other taxes, fees, or licenses permitted by law, but a credit against such fee shall be allowed in an amount equal to the licenses or fees imposed under ' 112.16. Such regulatory fee shall be applied annually.

 

(B) Payment of such fee shall accompany the tax returns approved for such use by the Director of Finance and a majority of a quorum of the City Council and shall be submitted to the Director of Finance by the twentieth day of each month for the preceding month's sales. The fraction, represented by one divided by the number of months for which the city license was issued, of the fee required under ' 112.16 shall be deducted each month as a credit.

 

(C) Failure to pay such monthly remittance within ten days after the due date shall constitute a violation of this chapter.

 

(D) Interest shall run upon any past due payments at the rate of 12% per annum.

 

(E) Every licensee shall keep and maintain adequate books and records of all transactions involved in the sale of alcoholic beverages in the same manner required by the rules and regulations of the State Alcoholic Beverage Control Board, or such rules and regulations as may be from time to time promulgated by the City Alcoholic Beverage Control Administrator and approved by a majority of a quorum of the City Council. Where the sales of alcoholic beverages as they relate to other sales are determinative of the licensee's eligibility to retain a license, the licensee shall maintain adequate records to show that relationship. Such books and records shall be available at all reasonable times for inspection by the City Alcoholic Beverage Control Administrator, the Director of Finance, or any authorized representatives.

 

(F) If the holder of any license shall fail to pay the regulatory license fee imposed by this section within ten days of the due date, an automatic penalty of $50 shall be assessed for the first offense. An automatic penalty of $100 shall be assessed on the second offense, and an automatic penalty of

 

20 Russellville - Business Regulations

 

 

$200 shall be assessed on the third offense. In addition to the automatic monetary penalty, the City Alcoholic Beverage Control Administrator shall hold a hearing for a second and third offense requiring the licensee to show cause why the license should not be suspended or revoked with full authority to do so upon appropriate findings. The calculation of the number of offenses for the purpose of invoking the above penalties shall be done on a 12-month basis, with the number of offenses being reduced to zero at the beginning of each new license period.

(Ord. 83-6, passed 3-23-83; Am. Ord. 86-ll, passed 9-2-86)

Statutory reference:

Regulatory license fee, see KRS 243.075

 

 

' 112.23 REVOCATION OR SUSPENSION.

 

(A) Any license issued hereunder may be revoked or suspended by the City Alcoholic Beverage Control Administrator if the licensee shall have violated any provision of this chapter or any provision of any statute, law, or regulation relating to the storage, sale, purchase, transporting, or other traffic in alcoholic beverages.

 

(B) Upon receiving information that a violation may have occurred, the City Alcoholic Beverage Control Administrator shall notify the licensee in question by certified mail of the alleged violation and of the time and place of the hearing. The rules of evidence governing civil proceedings in courts in the Commonwealth of Kentucky shall apply to all hearings except as modified or relaxed by the City Alcoholic Beverage Control Administrator. The City Alcoholic Beverage Control Administrator shall issue a written decision based on the evidence.

 

(C) In the course of any one day of operation of a licensed premises, should multiple violations of the chapter or other statutes or ordinances of a public disorder nature, for example disturbing the peace, be reported and investigated by the Police Department, such recurrence shall be reported to the City Alcoholic Beverage Control Administrator by the Chief of Police. The City Alcoholic Beverage Control Administrator shall in the interest of public health, safety, morals, and welfare direct the Chief of Police to temporarily suspend the license in question for the remaining hours of the day by locking the premises after dispersing the patrons. The temporary suspension shall remain in effect until review of the alleged violations by the City Alcoholic Beverage Control Administrator; such review shall occur on the next business day.

 

(D) Pursuant to this section, the City Alcoholic Beverage Control Administrator shall have the following powers and duties: to hold hearings, suspoena witnesses, compel their attendance, administer oaths, examine any person under oath, and require the production of any books or papers relative to the inquiry, regardless of whether the witnesses are licensees.

(Ord. 83-6, passed 3-23-83; Am. Ord. 85-ll, passed 10-8-85)

 

 

ADMINISTRATION; ENFORCEMENT

 

 

' 112.35 CITY ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR.

 

(A) There is hereby created the office of City Alcoholic Beverage Control Administrator.

 

(B) The functions and duties of this office shall be the same with respect to local licenses and regulations as those of the State Alcoholic Beverage Control Board are to state licenses and

 

Alcoholic Beverages 21

 

 

regulations, except that no regulation adopted by the City Alcoholic Beverage Control Administrator may be less stringent than the statutes relating to alcoholic beverage control, or than the regulations of the State Alcoholic Beverage Control Board.

 

(C) The City Alcoholic Beverage Control Administrator shall take the oath prescribed in Section 228 of the Constitution, and shall execute a bond with a good corporate surety in the penal sum of $1,000.

 

(D) The salary for this office shall be set at the sum of $500 per month with all benefits available to full‑time employees of the city.

(Ord. 83‑6, passed 3‑23‑83)

Statutory reference:

Appointment of City Alcoholic Beverage Control Administrator, see KRS 241.170(2)

Functions, see KRS 241.190

Oath and bond, see KRS 241.180

 

 

' 112.36 CONSENTING TO RIGHT OF ENTRY BY SUBMITTING APPLICATION.

 

Every applicant procuring a license thereby consents to the entry into the premises of police or other duly authorized representatives of the city or state at all hours; to the inspection and search of the premises; to the removal from the premises of all things and articles there had in violation of city ordinances or state laws; and to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.

(Ord. 83‑6, passed 3‑23‑83)

 

 

' 112.37 IMMUNITY.

 

All city officers, employees, agents, and representatives shall be immune from liability in implementing and carrying out this chapter and all rules and regulations connected therewith.

(Ord. 83‑6, passed 3‑23‑83)

 

 

' 112.38 VIOLATIONS OF STATE OR FEDERAL LAW OR OTHER REGULATIONS.

 

The violation by any licensee of any federal or state statute, law, or regulation, now, heretofore, or hereafter in effect applicable to any licensee relating to the storage, sale, purchase, transporting, or other traffic in alcoholic beverages shall be deemed a violation of this chapter. If any clerk, agent, servant, or employee of any licensee shall violate any provision of this chapter, or such statute, law, or regulation, the violation shall also be a violation by the licensee.

(Ord. 83‑6, passed 3‑23‑83)

 

 

 

' 112.99 PENALTY.

 

Any person, firm, or corporation who, acting by himself or through another, directly or indirectly violates any provision of this chapter, shall be guilty of a misdemeanor and for the first offense be fined not less than $100 nor more than $200, or be imprisoned for not more than six months, or both; for the

 

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22 Russellville ‑ Business Regulations

 

 

second and each subsequent offense, he shall be fined not less than $200 nor more than $500, or imprisoned not more than 12 months, or both. The penalties provided for in this section shall be in addition to the right of the city to revoke or suspend the offender's license. If the offender is a corporation, the principal officers responsible for the violation may be imprisoned.

(Ord. 83‑6, passed 3‑23‑83)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1993 S‑4

 

CHAPTER 113: AMUSEMENTS

 

 

Section

 

COIN‑OPERATED AMUSEMENTS

 

113.01 Coin‑operated amusement machine; pinball machines

 

 

EXHIBITIONS AND CARNIVALS

 

113.21 Definitions

113.22 License required

113.23 Conditions

113.24 Safety inspection required

113.25 License fee

113.26 Certificate of insurance required

113.27 Security

 

 

ENTERTAINMENT CLUBS

 

113.31 Definitions

113.32 License required

113.33 License application procedures

113.34 Procedures for issuance or denial of license

113.35 Operating rules and regulations

113.36 Restrictions on multi‑use facilities

113.37 Access by police officers

113.38 Checking the age of patrons

113.39 Suspension or revocation of licenses

113.40 Nuisance, injunction

 

113.99 Penalty

 

 

' 113.01 COIN‑OPERATED AMUSEMENT MACHINE; PINBALL MACHINES.

 

(A) For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

COIN‑OPERATED AMUSEMENT MACHINE. Any lawful coin‑ or token‑operated machine or device which contains no element of chance and which as a result of depositing a coin, token, or other object automatically by or through some mechanical operation affords music or amusement of some character with or without vending any merchandise, but in addition to any such merchandise. Such coin‑

 

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24 Russellville ‑ Business Regulations

 

 

operated amusement machine shall not include any bona fide merchandise vending machine in which there is incorporated no amusement features. (KRS 137.010)

 

(B) Pursuant to KRS 137.410 there is hereby established a license fee of $10 per annum upon each coin‑operated amusement machine, and also any electrically operated machine operated as a game or for pleasure and entertainment by the general public.

 

(C) The aforesaid fee of $10 shall be due and payable on the first day of July annually and shall be paid to the city in cash. The city shall issue a receipt for same indicating the amount paid and the year for which the license is granted.

 

(D) Any person who shall violate any provisions of this section shall be fined as set out in ' 110.99. Each day of operating any machine provided for herein after failure by any person to purchase the required license shall constitute a separate offense.

 

(E) There shall be a tax of $10 on each coin‑operated pinball machine operating within the city.

(Ord. 108, passed 3‑1‑36) Penalty, see ' 110.99

 

 

EXHIBITIONS AND CARNIVALS

 

' 113.21 DEFINITIONS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

EXHIBITIONS. Circuses, menageries, carnivals, side shows and other similar amusement enterprises which are open to the public and for admission to which a fee is charged.

 

CARNIVAL. Amusement activities, rides, merry‑go‑rounds, booths for the conduct of games of skill, food dispensing facilities and sideshows. A carnival shall not include gambling devices, games of chance, lotteries, punch boards or other activities in violation of city ordinances.

(Ord. 94‑8, passed 4‑4‑94)

 

 

' 113.22 LICENSE REQUIRED.

 

It shall be unlawful to conduct or operate within the city any exhibitions or carnivals which are open to the public without first securing a license therefor; provided, that this section shall not be held to apply to those amusements or exhibitions which are specifically licensed in other sections of the code.

(Ord. 94‑8, passed 4‑4‑94)

 

 

' 113.23 CONDITIONS.

 

In addition to other requirements set forth herein the applicant shall furnish suitable evidence of his intention and ability to comply with the following conditions:

 

 

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(A) The operator and sponsor of the carnival or exhibition shall each be wholly responsible for maintaining order, and for keeping the site clean, free of trash, paper and other debris.

 

(B) Trash containers in adequate number shall be placed in convenient locations for the use of the public.

(Ord. 94‑8, passed 4‑4‑94)

 

 

' 113.24 SAFETY INSPECTION REQUIRED.

 

No ride shall be placed in operation for public use until the same has been inspected for mechanical, structural, electrical and other hazards as required by state law. Adequate safeguards shall be placed to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other possible or potential hazards.

(Ord. 94‑8, passed 4‑4‑94)

 

 

' 113.25 LICENSE FEE.

 

Upon application being made and proof of satisfaction of all requirements imposed by this chapter and upon payment of a license fee of fifteen dollars ($15.00) per day, the City Clerk/Treasurer shall issue a license.

(Ord. 94‑8, passed 4‑4‑94)

 

 

' 113.26 CERTIFICATE OF INSURANCE REQUIRED.

 

No license shall be issued for conducting an exhibition or carnival until the applicant therefor has placed on file with the City Clerk/Treasurer a certificate(s) of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with carnivals or exhibition. The insurance shall be in the minimum amount of one million dollars ($1,000,000.00) for each person, and three million dollars ($3,000,000.00) for each accident.

(Ord. 94‑8, passed 4‑4‑94)

 

 

' 113.27 SECURITY.

 

The applicant shall have adequate persons to provide security service on the premises of each exhibition or carnival during all hours of operation; the Chief of Police or the City Council shall, as a condition of the issuance of a permit, have the authority to require the applicant to provide additional security service if the type, size, or location of the carnival requires additional security service for the protection of carnival patrons and nearby areas.

(Ord. 94‑8, passed 4‑4‑94)

 

 

 

 

 

 

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ENTERTAINMENT CLUBS

 

' 113.31 DEFINITIONS.

 

As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

 

ENTERTAINMENT CLUB. Commercial premises which are open to the public or to members of a group or club; the primary function of which is to offer patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers. As an incidental function, an entertainment club may sell and serve food and beverages to its patrons. The term ENTERTAINMENT CLUB does not include the following:

 

(1) Premises which serve alcoholic beverages as defined by state law;

 

(2) Theaters where the patrons sit in parallel rows of fixed seats;

 

(3) Full service restaurants where the only entertainment consists of background music which is incidental to the primary function of serving food;

 

(4) Outdoor performances;

 

(5) A banquet, party or celebration conducted for invited guests which is not open to the public or to members of a specific group or club;

 

(6) Dances or events sponsored and operated by a governmental entity, an educational institution, or nonprofit religious, charitable or benevolent organization.

 

CLUB PREMISES. Any place where an entertainment club is operated or maintained, including all hallways, bathrooms, parking areas and other adjacent portions of the premises which are accessible to the public during operating hours.

 

TEEN CLUB. Any entertainment club which restricts its admission to persons under the age of 18 years of age.

 

ADULT CLUB. Any entertainment club which restricts its admission to persons age 18 years or over.

 

LOITERING. Shall not include walking between the club building and a patron's vehicle, nor shall it include the act of waiting in line to gain admission to the club.

 

PERSON. One or more natural persons, corporations, partnerships, associations, or other entities capable of having an action at law brought against such entity.

(Ord. 95‑6, passed 5‑16‑95)

 

 

 

 

 

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' 113.32 LICENSE REQUIRED.

 

It is unlawful for any person to own, lease, operate, manage or maintain an entertainment club in the city without first obtaining an entertainment club license from the city. For multi‑use facilities which include an entertainment club, a separate and additional license must be issued for the entertainment club operation.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.33 LICENSE APPLICATION PROCEDURES.

 

In addition to the application procedures referred to in ' 113.34 of this chapter, an applicant for an entertainment club license shall provide the following:

 

(A) A written statement setting forth all measures proposed to insure that adequate traffic control, crowd protection and security, both inside and outside the premises, will be maintained, and that the ages of patrons admitted to the entertainment club will be monitored.

 

(B) A statement electing whether the entertainment club will be operated either exclusively as an adult club or a teen club, and a statement of the proposed schedule of operating hours and days.

 

(C) A statement of whether the applicant, or the applicant's officers, directors, partners or any other person involved in the operation or management of the entertainment club has been convicted within the preceding five (5) years of any crimes involving firearms, gambling, racketeering, controlled substances, sexual offenses, prostitution, assault, or contributing to the delinquency of a minor.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.34 PROCEDURES FOR ISSUANCE OR DENIAL OF LICENSE.

 

After receiving a complete application for an entertainment club license, as specified in ' 113.33 above, the city shall follow the following procedures:

 

(A) The Mayor shall forward copies of the application to appropriate city officials for their comments regarding compliance with regulations under their jurisdiction. The Mayor shall consider all materials and comments submitted and shall issue or deny the license within ten (10) working days after the date on which a completed application was filed unless the applicant agrees to an extension of the time period in writing.

 

(B) An entertainment club license shall be denied by the Mayor for any one or more of the following grounds:

 

(1) If the business premises do not comply with all applicable city ordinances and state laws,

 

(2) If the application is incomplete or if it contains any material misrepresentation,

 

(3) If the application does not show adequate measures for the protection of the public health, safety and welfare in terms of traffic control, crowd protection and security, both inside

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and outside the premises, and the monitoring of the ages of patrons admitted to the entertainment club.

 

(C) If the Mayor denies a license, written notice of the denial stating the reasons why shall be sent to the applicant within one (1) working day after the denial. The applicant shall have a period of ten (10) working days after the date of license denial to appeal to the Circuit Court.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.35 OPERATING RULES AND REGULATIONS.

 

The following operating rules and regulations shall apply to all entertainment clubs in the city:

 

(A) The standards of conduct applicable to all businesses in the city shall apply to entertainment clubs.

 

(B) Persons of the following ages shall not be permitted to enter or remain on the premises of a teen club:

 

(1) Under the age of 14 years unless accompanied by a parent or legal guardian.

 

(2) 18 years of age or older except for bona fide employees or entertainers hired by the licensee to work in the club, or a parent or guardian of a person under 18 years of age present in the club.

 

(C) No person under the age of 18 years shall be permitted to enter or remain on the premises of an adult club unless accompanied by a parent or legal guardian, except for entertainers hired by the licensee to work in the club.

 

(D) Teen clubs shall be operated only on Friday and Saturday nights, and shall close at 1:00 a.m.

 

(E) Adult clubs may operate any night of the week and shall close at 1:00 a.m.

 

(F) It shall be the obligation of the licensee to employ an adequate number of qualified security personnel who will be present on club premises during all operating hours to maintain peace and order and to ensure compliance with all applicable laws of the state and of the city.

 

(G) It shall be the obligation of the licensee to insure that no alcoholic beverages or controlled substances are offered for sale or consumed on the entertainment club premises.

 

(H) It shall be the obligation of the licensee to remove from the club premises any person who is, or appears to be, under the influence of, or affected by the use of, alcohol or drugs, or whose conduct poses a physical danger to the safety of others present.

 

(I) It shall be the obligation of the licensee to provide proper and adequate illumination of all portions of the club premises which are available for public use. Such illumination shall be not less than 10 foot‑candles at floor level at all times when the premises are open to the public or when any member of the public is permitted to enter and remain on the premises.

 

 

1995 S‑5

 

 

Amusements 24‑5

 

 

(J) It shall be the obligation of the licensee to prevent loitering, the creation of public nuisances or disturbances of the peace by any patrons of the entertainment club on club premises or in the immediate vicinity.

 

(K) It shall be the obligation of the licensee to clean up all litter resulting from club operations. The cleanup shall occur within eight (8) hours after the end of each day's operation and shall extend for a two‑block radius around the club.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.36 RESTRICTIONS ON MULTI‑USE FACILITIES.

 

(A) A teen club may only be located on the same premises with another licensed business if:

 

(1) All businesses on the premises comply with the provisions of this chapter relating to teen clubs; or

 

(2) The teen club is physically segregated from the space used by the other businesses and has a separate entrance into the building which is exclusively for the use of its patrons; or

 

(3) Only one business operates at a time on the premises, and the premises are closed altogether for not less than one hour between the close of one business operation and the opening of another.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.37 ACCESS BY POLICE OFFICERS.

 

All police officers of the city and all other law enforcement officers of the Commonwealth of Kentucky or its agencies shall have free access to all entertainment clubs for the purpose of inspection and to enforce compliance with the provisions of this chapter at all times that the premises are open to the patrons.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.38 CHECKING THE AGE OF PATRONS.

 

(A) It is the responsibility of the licensee to require picture identification or a reasonable equivalent showing the age of each person admitted to an entertainment club. It is unlawful for any person to knowingly or recklessly allow a person to enter or remain on the premises of an entertainment club in violation of the age restrictions of this chapter.

 

(B) It is unlawful for any person to misrepresent his age for the purpose of obtaining admission to, or remaining at, an entertainment club in violation of the provisions of this chapter.

(Ord. 95‑6, passed 5‑16‑95)

 

 

 

 

1995 S‑5

 

 

24‑6 Russellville ‑ Business Regulations

 

 

' 113.39 SUSPENSION OR REVOCATION OF LICENSES.

 

(A) (1) The Mayor may, at any time, suspend an entertainment club license whenever the licensee, or a manager, officer, director, agent, or employee of the licensee has caused, permitted or knowingly done any of the following:

 

(a) Failed to keep the building structure or equipment of the licensed premises in compliance with the applicable health, building, fire or safety laws, regulations or ordinances in a way which relates to or affects public health or safety on the entertainment club premises.

 

(b) Failed to comply with the operating rules and regulations of entertainment clubs specified in ' 113.35.

 

(2) Such suspension shall remain in effect until the conditions causing the suspension are cured and reasonable measures are taken to ensure that the same will not recur as determined by the Mayor.

 

(B) The Mayor may, at any time, revoke an entertainment club license on any one or more of the following grounds:

 

(1) Whenever the city learns that the licensee made a material false statement or representation, or failed to disclose any material information to the city, in connection with any application for the entertainment club license or any license renewal.

 

(2) Whenever the licensee or any manager, officer, director, agent or employee of the licensee fails within a reasonable time to cure a condition that caused a license suspension.

 

(3) Whenever the licensee or any manager, officer, director, agent or employee of the licensee knowingly permits conduct on the licensed premises that violates any federal, state or city criminal or penal statute, law or ordinance.

 

(4) Whenever operation of the entertainment club becomes the proximate cause of a significant increase in criminal activity on the premises or in the immediate vicinity in such a way as to endanger persons or property.

 

(C) The suspension or revocation of a license may be appealed within ten (10) days to the Circuit Court.

(Ord. 95‑6, passed 5‑16‑95)

 

 

' 113.40 NUISANCE, INJUNCTION.

 

Any violation of '' 113.31 ‑ 113.39 is declared to be a nuisance. In addition to any other relief provided by this chapter, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. The application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.

(Ord. 95‑6, passed 5‑16‑95)

 

 

 

1995 S‑5

 

 

Amusements 24‑7

 

 

' 113.99 PENALTY.

 

(A) Any person, firm or corporation violating any of the provisions of '' 113.21 ‑ 113.27 shall be guilty of a misdemeanor and fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 94‑8, passed 4‑4‑94)

 

(B) Any person, firm or corporation violating any provision of '' 113.31 ‑ 113.39 shall be guilty of a misdemeanor and fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 95‑6, passed 5‑16‑95)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1995 S‑5

 

24‑8 Russellville ‑ Business Regulations

 

CHAPTER 114: INSURANCE PREMIUM TAX

 

 

Section

 

114.01 Imposition of license fee

114.02 Amount of fee for companies issuing life insurance

114.03 Amount of fee for companies issuing policies other than life insurance

114.04 Due date; interest

114.05 Written breakdown of collections

 

 

' 114.01 IMPOSITION OF LICENSE FEE.

 

There is hereby imposed on each insurance company a license fee for the privilege of engaging in the business of insurance within the corporate limits of the city beginning July 1, 2008 for the remainder of calendar year 2008, and thereafter on a calendar year basis.

(Am. Ord. 2008-04, passed 3-14-08)

 

 

' 114.02 AMOUNT OF FEE FOR COMPANIES ISSUING LIFE INSURANCE.

 

The license fee imposed upon each insurance company which issues life insurance policies on the lives of persons residing within the corporate limits of the city shall be 7% of the first year=s premiums actually collected within each calendar quarter by reason of the issuance of such policies.

(Am. Ord. 2008-04, passed 3-14-08)

 

 

' 114.03 AMOUNT OF FEE FOR COMPANIES ISSUING POLICIES OTHER THAN LIFE INSURANCE.

 

The license fee imposed upon each insurance company which issues any insurance policy which is not a life insurance policy shall be 7% of the premiums actually collected within each calendar quarter by reason of the issuance of such policies on risks located within the corporate limits of the city on those classes of business which such company is authorized to transact, less all premiums returned to policyholders; however, any license fee or tax imposed upon premium receipts shall not include premiums received for insuring employers against liability for personal injuries to their employees, or death caused thereby, under the provisions of the Workers= Compensation Act and shall not include premiums received on policies of group health insurance provided for state employees under KRS 18A.225(2) and KRS 18A.228.

(Am. Ord. 2008-04, passed 3-14-08)

 

 

 

 

 

 

25

 

 

2009 S-13

 

26 Russellville - Business Regulations

 

 

' 114.04 DUE DATE; INTEREST.

 

All license fees imposed by this chapter shall be due no later than 30 days after the end of each calendar quarter. License fees which are not paid on or before the due date shall bear interest at the tax interest rate as defined in KRS 131.010(6).

(Am. Ord. 2008-04, passed 3-14-08)

 

 

' 114.05 WRITTEN BREAKDOWN OF COLLECTIONS.

 

Every insurance company subject to the license fees imposed by this chapter shall annually, by March 3l, furnish the city a written breakdown of all collections in the preceding calendar year for the following categories of insurance:

 

(A) Casualty.

 

(B) Automobile.

 

(C) Inland marine.

 

(D) Fire and allied perils.

 

(E) Health.

 

(F) Life.

(Am. Ord. 2008-04, passed 3-14-08)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S-13


 

CHAPTER 115: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS

 

 

Section

 

115.01 Definitions

115.02 License requirement

115.03 Application procedure

115.04 Standards for issuance

115.05 Revocation procedure

115.06 Standards for revocation

115.07 Appeal procedure

115.08 Exhibition of identification

 

115.99 Penalty

 

 

' 115.01 DEFINITIONS.

 

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.

 

GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.

 

ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the city.

 

PEDDLER.

 

(1) Any person who travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or

 

(2) Any person who, without traveling from place to place, sells or offers goods for sale from any public place within the city.

 

A person who is a peddler is not an itinerant merchant.

 

SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.

 

 

27

 

28 Russellville - Business Regulations

 

 

' 115.02 LICENSE REQUIREMENT.

 

(A) Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the city.

 

(B) The fee for the license required by this chapter shall be as set from time to time by the legislative body.

 

(C) No license issued under this chapter shall be transferable.

 

(D) All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.

Penalty, see ' 115.99

 

 

' 115.03 APPLICATION PROCEDURE.

 

(A) All applicants for licenses required by this chapter shall file an application with the Clerk. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:

 

(1) The name and address of the applicant;

 

(2) (a) The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the city;

 

(b) The local address of such individual;

 

(c) The permanent address of such individual;

 

(d) The capacity in which such individual will act;

 

(3) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;

 

(4) The time period or periods during which it is proposed to carry on applicant's business;

 

(5) (a) The nature, character, and quality of the goods or services to be offered for sale or delivered;

 

(b) If goods, their invoice value and whether they are to be sold by sample as well as from stock;

 

(c) If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;

 

(6) The nature of the advertising proposed to be done for the business;

 

(7) Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.

 

1991 S-2 Repl.

 

Peddlers, Itinerant Merchants, and Solicitors 29

 

 

(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:

 

(1) A description of the applicant;

 

(2) A description of any vehicle proposed to be used in the business, including its registration number, if any.

 

(C) All applicants for licenses required by this chapter shall attach to their application the following:

 

(1) If required by the city, copies of all printed advertising proposed to be used in connection with the applicant's business;

 

(2) If required by the city, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.

 

(D) Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than ten days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.

Penalty, see ' 115.99

 

 

' 115.04 STANDARDS FOR ISSUANCE.

 

(A) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.

 

(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant:

 

(1) Has been convicted of a crime of moral turpitude; or

 

(2) Has made willful misstatements in the application; or

 

(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or

 

(4) Has committed prior fraudulent acts; or

 

(5) Has a record of continual breaches of solicited contracts; or

 

(6) Has an unsatisfactory moral character

 

will constitute valid reasons for disapproval of an application.

 

 

30 Russellville - Business Regulations

 

 

' 115.05 REVOCATION PROCEDURE.

 

Any license or permit granted under this chapter may be revoked by the Clerk after notice and hearing, pursuant to the standards in ' 115.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his last known address, at least ten days prior to the date set for the hearing.

 

 

' 115.06 STANDARDS FOR REVOCATION.

 

A license granted under this chapter may be revoked for any of the following reasons:

 

(A) Any fraud or misrepresentation contained in the license application; or

 

(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license; or

 

(C) Any violation of this chapter; or

 

(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or

 

(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.

 

 

' 115.07 APPEAL PROCEDURE.

 

(A) Any person aggrieved by a decision under '' 115.04 or 115.06 shall have the right to appeal to the legislative body. The appeal shall be taken by filing with the legislative body, within 14 days after notice of the decision has been mailed to such person's last known address, a written statement setting forth the grounds for appeal. The legislative body shall set the time and place for a hearing, and notice for such hearing shall be given to such person in the same manner as provided in ' 115.05.

 

(B) The order of the legislative body after the hearing shall be final.

 

 

' 115.08 EXHIBITION OF IDENTIFICATION.

 

(A) Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein. In the event more than one place within the city shall be used to conduct the business licensed, separate licenses shall be issued for each place.

 

(B) The Clerk shall issue a license to each peddler or solicitor licensed under this chapter. The license shall contain the words "Licensed Peddler" or "Licensed Solicitor," the expiration date of the license, and the number of the license. The license shall be kept with the licensee during such time as he is engaged in the business licensed.

Penalty, see ' 115.99

 

 

Peddlers, Itinerant Merchants, and Solicitors 31

 

 

' 115.99 PENALTY.

 

Whoever violates any provision of this chapter shall be guilty of a misdemeanor fined not more than $500. Each day's violation shall constitute a separate offense.

 

1993 S-4

 

32 Russellville - Business Regulations

 

 

 

 

 

 

CHAPTER 116: PRIVATE PEACE OFFICERS

 

 

Section

 

116.01 Definition

116.02 Activities regulated

116.03 Representation as public peace officer prohibited

116.04 Exemption

 

116.99 Penalty

 

 

' 116.01 DEFINITION.

 

For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

PRIVATE PEACE OFFICERS. Those persons who wear a uniform of some type, carry an unconcealed weapon, or display a badge or insignia indicative of control and who perform a function such as night watchperson, security guard, traffic controller, or any similar functions.

(Ord. 86-16, passed 1-6-87)

 

 

' 116.02 ACTIVITIES REGULATED.

 

This chapter shall regulate the activities of all persons employed or otherwise serving as private peace officers within the city limits.

(Ord. 86-16, passed 1-6-87)

 

 

' 116.03 REPRESENTATION AS PUBLIC PEACE OFFICER PROHIBITED.

 

It shall be unlawful for a private peace officer to indicate that he is a public peace officer by any action on his part. In addition, any badge, insignia, or uniform worn by a private peace officer must plainly indicate that he is not a public peace officer and neither the uniform, badge, or insignia, nor any combination thereof may indicate that he is a public police officer. Furthermore, the badge or insignia of such may not carry the inscription "security police", or use such terms as police, policeman, peace officer, or officer, or conservator of the peace.

(Ord. 86-16, passed 1-6-87) Penalty, see ' 116.99

 

 

' 116.04 EXEMPTION.

 

All persons employed by the city or the county as police officers or sheriff's deputies shall be considered to be public peace officers and shall not be subject to the requirements and limitations

33

 

34 Russellville - Business Regulations

 

 

of this chapter.

(Ord. 86-16, passed 1-6-87)

 

 

 

 

' 116.99 PENALTY.

 

Any person violating this chapter shall be guilty of a misdemeanor subject to a monetary fine of at least $100 but no more than $500 per offense.

(Ord. 86-16, passed 1-6-87)

 

1993 S-4

 

CHAPTER 117: PAWNBROKERS

 

 

Section

 

117.01 Definitions

117.02 Bond

117.03 Register to be kept; daily reports

117.04 Receipt to be given for each article; sale of article

117.05 Maximum interest, resale price

117.06 Receipt to be given for payment of loan

117.07 Prohibited activities

117.08 Enforcement

 

117.99 Penalty

 

 

' 117.01 DEFINITIONS.

 

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

PAWNBROKER. Any person who loans money on deposit of personal property; deals in the purchase of personal property on condition of selling the property back again at a stipulated price; makes a public display at his or her place of business of the sign generally used by pawnbrokers to denote their business; or who publicly exhibits a sign advertising money to loan on personal property or deposit.

(KRS 226.010)

 

 

' 117.02 BOND.

 

Every person to whom a city license is granted to carry on the business of a pawnbroker shall annually enter into bond to the city, with good and sufficient surety to be approved by City Council, in the penal sum of $1,000. This bond shall be conditioned that he or she will observe the provisions of this chapter and all ordinances and laws in force in the city not inconsistent with this chapter.

(KRS 226.020)

 

 

' 117.03 REGISTER TO BE KEPT; DAILY REPORTS.

 

(A) Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him or her. The register shall show the dates of all loans or purchases, and the names of all persons who have left any property on deposit as collateral security or as a delivery or sale. Opposite the names and dates shall be written in plain hand a full description of all property purchased or received on deposit as collateral security, the time when the loan falls due, the amount

 

 

35

 

2009 S-13 Repl.

 

36 Russellville ‑ Business Regulations

 

 

of purchase money, the amount loaned, and the interest charged. The register shall at all times be open to the inspection of any police officer of the city when in the discharge of his or her official duty.

(KRS 226.040)

 

(B) Every pawnbroker shall, by 11:00 a.m. each day, make available to the Chief of Police a true and correct written report of all goods received by him or her, whether by pawn or purchase, during the 24 hours preceding each report. The report shall describe the goods as accurately as practicable. The Chief of Police shall furnish blanks for these reports.

(KRS 226.070) Penalty, see ' 117.99

 

 

' 117.04 RECEIPT TO BE GIVEN FOR EACH ARTICLE; SALE OF ARTICLE.

 

(A) Every pawnbroker shall give a plain written or printed ticket for the loan to the person negotiating or selling, and a plain written or printed receipt of the articles that have been purchased or upon which money is loaned, having on each a copy of the entries required by ' 117.03(A) to be kept in his or her register. He or she shall not make any charge for the ticket or receipt.

 

(B) A pawnbroker may sell any article pawned after the expiration of 60 days from the maturity of the loan. However, not less than ten days before making the sale, the pawnbroker shall give notice to the person by whom the article was pawned by mail addressed to the post office address of that person as shown on the pawnbroker=s register, notifying such person that, unless he or she redeems the article within ten days from the date of mailing of the notice, the article will be sold.

(KRS 226.050) Penalty, see ' 117.99

 

 

' 117.05 MAXIMUM INTEREST, RESALE PRICE.

 

Any pawnbroker as defined in ' 117.01, may, in loaning money on deposit of personal property, charge, contract for, or receive interest at a rate not exceeding 2% per month on the unpaid principal balance of the loan, and may charge, contract for, and receive a reasonable fee, not to exceed one‑fifth of the value of the loan per month, for investigating the title, storing and insuring the property, closing the loan, making daily reports to local law enforcement officers if required by ' 117.03, and for other expenses, losses, and incidental costs associated with servicing such loans. Further, this fee, when made and collected, shall not be deemed as interest for any purpose of law. No pawnbroker shall directly or indirectly charge, receive, or contract for any interest or consideration great than that allowed by this section.

(KRS 226.080) Penalty, see ' 117.99

 

 

' 117.06 RECEIPT TO BE GIVEN FOR PAYMENT OF LOAN.

 

Every pawnbroker, upon receiving any payment of money from a borrower, shall give to that person a plain and complete receipt for such payment, specifying separately the amount applied to principal and the amount applied to interest. In a case where the pawnbroker has purchased personal property under an agreement to sell it back at a stipulated price, the pawnbroker shall, on receiving any payment of money from the person from whom the property was purchased, give that person a receipt stating the original purchase price, the stipulated resale price, and the amount received.

(KRS 226.090) Penalty, see ' 117.99

 

 

 

2009 S-13

 

Pawnbrokers 37

 

 

' 117.07 PROHIBITED ACTIVITIES.

 

No pawnbroker shall receive, by way of either pledge or pawn, any article whatever from a minor at any time nor from any person between 8:00 p.m. and 7:00 a.m.

(KRS 226.030)

 

 

' 117.08 ENFORCEMENT.

 

The Police Department shall enforce the provisions of this chapter unless otherwise provided by KRS 226.100. However, county police, for the purpose of locating stolen goods, may carry out the provisions of KRS 226.060 within the city.

(KRS 226.100)

 

 

 

' 117.99 PENALTY.

 

Any pawnbroker or pawnbroker's clerk who violates any of the provisions of this chapter shall be, upon conviction, guilty of a misdemeanor and fined not less than $50 nor more than $500, and his license may be forfeited to the city.

(KRS 226.990(1))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1995 S‑5

 

 

38 Russellville ‑ Business Regulations

 

 

 

 

 

 

 

 

 

CHAPTER 118: VENDORS

 

 

Section

 

General Provisions

 

118.01 Selling of produce or other goods or services from any public parking space

 

Concessions at County Tobacco Festival

 

118.15 Purpose

118.16 Definition

118.17 Permit required; issuance of permit

118.18 Permit fee

118.19 Exemption

118.20 Violation

 

118.99 Penalty

 

 

GENERAL PROVISIONS

 

' 118.01 SELLING OF PRODUCE OR OTHER GOODS OR SERVICES FROM ANY PUBLIC PARKING SPACE.

 

(A) It shall be unlawful for any person or other entity to sell produce, goods, or services from any public parking space within the city limits.

 

(B) This section shall not apply to public parking spaces in the privately‑owned areas to which the public has access where the person or entity so selling has the permission of the owner of the public parking space in the privately‑owned area, and the public parking space has not been officially dedicated to the city.

 

(C) This section shall not apply to properly licensed vendors at specified locations during a local celebration.

(Ord. 81‑2, passed 4‑21‑81)

 

 

CONCESSIONS AT COUNTY TOBACCO FESTIVAL

 

' 118.15 PURPOSE.

 

This subchapter is enacted pursuant to the authority of the city to enact ordinances to protect the

 

 

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40 Russellville B Business Regulations

 

 

health, safety, and welfare of its inhabitants.

(Ord. 2000‑12, passed 7‑18‑00)

 

 

' 118.16 DEFINITION.

 

For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

CONCESSIONS. All goods, whether or not consumable, and services sold in connection with the festival.

(Ord. 2000‑12, passed 7‑18‑00)

 

 

' 118.17 PERMIT REQUIRED; ISSUANCE OF PERMIT.

 

(A) Anyone selling concessions on the first and second Saturdays of each annual Logan County Tobacco Festival shall first obtain the concession permit authorized by this subchapter.

 

(B) The City Clerk is designated to issue the concession permit herein authorized upon recommendation of the Russellville‑Logan County Chamber of Commerce, Tobacco Festival Chairperson(s) after application, investigation, and consideration. The concession permit shall authorize the conducting of a particular concession at a particular location and shall be issued on an equal opportunity basis. It shall have designated thereon the date(s) on which the concession permit may be exercised.

 

(C) The issuance of the concession permit required by this subchapter shall not be an endorsement by the city of any seller of concession(s) or a representation by the city regarding the quality thereof.

(Ord. 2000‑12, passed 7‑18‑00) Penalty, see ' 118.99

 

 

' 118.18 PERMIT FEE.

 

(A) Upon application to the Russellville‑Logan County Chamber of Commerce for the recommendation that the city issue a concession permit, the applicant shall pay to the Russellville‑Logan County Chamber of Commerce a fee to be determined by the Russellville‑Logan County Chamber of Commerce, Board of Directors, per Saturday, per location, which fee may be retained by the Russellville‑Logan County Chamber of Commerce to help defray expenses incurred in connection with this subchapter, including but not limited to the cost of concession permit forms; the cost of investigation, if any, concerning the application; and the cost of informing the public regarding the concessions.

 

(B) All applicants that do not hold a valid and current occupational license from the city must obtain such license as part of the application, and prior to selling concessions.

(Ord. 2000‑12, passed 7‑18‑00)

 

 

 

 

2001 S‑10

 

Vendors 41

 

 

' 118.19 EXEMPTION.

 

Holders of a valid and current occupational license of the city are exempt from the provisions of this subchapter requiring a concession permit unless their business is altered regarding goods sold or location to appeal to those attending the tobacco festival.

(Ord. 2000‑12, passed 7‑18‑00)

 

 

' 118.20 VIOLATION.

 

Anyone selling concessions in violation of this subchapter shall, upon discovery, be ordered by any peace officer to cease and desist such violation or to obtain the concession permit required in this subchapter; and the failure to do so shall be a penal violation.

(Ord. 2001‑11, passed 8‑21‑01) Penalty, see ' 118.99

 

 

 

' 118.99 PENALTY.

 

(A) Any person or entity, upon conviction of the violation of ' 118.01, shall be fined in the amount not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00). Each day of violation shall constitute a separate offense.

(Ord. 81‑2, passed 4‑21‑81)

 

(B) Any person who violates '' 118.15 through 118.18 or 118.20 shall, upon conviction, be fined in an amount of not less than five dollars ($5.00) nor more than ten dollars ($10.00). Each day of violation after being ordered to cease and desist shall be a separate offense.

(Ord. 2001‑11, passed 8‑21‑01)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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42 Russellville B Business Regulations

 

 

 

 

 

 

 

CHAPTER 119: FINANCIAL INSTITUTION FRANCHISE AND

LOCAL DEPOSIT TAX

 

 

Section

 

119.01 Imposition of tax

119.02 Tax due

119.03 Lien imposed

119.04 Use of funds

 

119.99 Penalty

 

 

' 119.01 IMPOSITION OF TAX.

 

There is hereby imposed on all financial institutions located within the corporate limits of the city, for the 1996 tax year and all subsequent years, a franchise tax at the rate of 0.025% on all deposits maintained by such financial institutions, as authorized by KRS Chapter 136.

(Ord. 96‑10, passed 10‑8‑96)

 

 

' 119.02 TAX DUE.

 

Said taxes shall be due and payable by financial institutions at the same time and in the same manner as all other property taxes, as set forth each year by the City Council, with the exception of the tax year 1996, where, because of transition purposes, the taxes shall be due by June 30, 1997.

(Ord. 96‑10, passed 10‑8‑96)

 

 

' 119.03 LIEN IMPOSED.

 

The city shall have a lien for taxes upon any and all property subject to the tax imposed by this chapter, which lien shall be superior to all encumbrances prior and subsequent.

(Ord. 96‑10, passed 10‑8‑96)

 

 

' 119.04 USE OF FUNDS.

 

All funds collected pursuant to this chapter shall be paid into the General Fund of the city and shall be used for the payment of proper expenditures as determined by the City Council through the annual budget purposes.

(Ord. 96‑10, passed 10‑8‑96)

 

 

 

 

 

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44 Russellville ‑ Business Regulations

 

 

' 119.99 PENALTY.

 

All taxes due in accordance with this chapter which are not paid by the due date established by the City Council shall be deemed delinquent and shall be subject to the same penalty and interest charges as other unpaid city property taxes.

(Ord. 96‑10, passed 10‑8‑96)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1996 S‑6

 

CHAPTER 120: SEXUALLY ORIENTED BUSINESSES

 

 

Section

 

120.01 Purpose and findings

120.02 Definitions

120.03 Classification

120.04 License required

120.05 Issuance of license

120.06 Fees

120.07 Inspection

120.08 Expiration of license

120.09 Suspension

120.10 Revocation

120.11 Transfer of license

120.12 Location of sexually oriented businesses

120.13 Additional regulations for adult motels

120.14 Regulations pertaining to exhibition of sexually explicit films, videos or live entertainment in viewing rooms

120.15 Additional regulations for escort agencies

120.16 Additional regulations for nude model studios

120.17 Additional regulations concerning public nudity

120.18 Prohibition against children in a sexually oriented business

120.19 Hours of operation

120.20 Exemptions

 

120.99 Penalties; injunctive relief

 

 

' 120.01 PURPOSE AND FINDINGS.

 

(A) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter 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 chapter to condone or legitimize the distribution of obscene material.

 

(B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including but not limited to Phoenix, Arizona; Minneapolis,

 

 

 

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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 General's Working Group On The Regulations Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Council finds:

 

(1) 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 responsible for the activities that occur on their premises.

 

(2) Certain employees of sexually oriented businesses defined in this chapter as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

 

(3) Sexual acts, including masturbation and oral and anal sex occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows.

 

(4) Offering and providing such space encourages such activities, which does and will create unhealthy conditions.

 

(5) Persons frequent certain adult theatres, 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 ‑ 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.

.

(8) As of June 30, 2001, there have been 3,481 reported cases of AIDS in the State of Kentucky.

 

(9) Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Kentucky and more specifically in Logan County. As of June 30, 2000, there were 2,560 cases of persons living with HIV which had not developed into AIDS in the state of Kentucky.

 

(10) The number of cases of early stages of syphilis (less than one year) in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990. These numbers have grown even more in the past 10 years.

 

(11) The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one‑half million cases being reported in 1990.

 

 

 

 

 

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(12) The Surgeon General of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn.

 

(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

 

(14) 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 the operators of the facilities to self‑regulate those activities and maintain those facilities.

 

(15) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view Aadult@ oriented films.

 

(16) The findings noted in divisions (1) through (15) raise substantial governmental concerns.

 

(17) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

 

(18) 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 oriented businesses. Further, such a licensing procedure will place a presently 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.

 

(19) 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 theatres.

 

(20) Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

 

(21) 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.

 

(22) 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 chapter is designed to prevent or who are likely to be witnesses to such activity.

 

(23) 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 chapter.

 

 

 

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(24) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.

 

(25) The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.02 DEFINITIONS.

 

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ADULT ARCADE. Any place to which the public is permitted or invited wherein coin‑operated, slug‑operated or for any form of consideration or electronically, electrically or mechanically-controlled still or motion picture machines, projectors, video or laser disc players or other image‑producing devices are maintained to show images to five (5) 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.

 

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. 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:

 

(1) 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

 

(2) Instruments, devices or paraphernalia which are designed for use in connection with SPECIFIED SEXUAL ACTIVITIES.

 

(3) 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 categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments form being categorized as an ADULT BOOKSTORE, 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.

 

ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

 

(1) Persons who appear in a state of nudity or semi‑nude;

 

(2) Live performances which are characterized by the exposure of SPECIFIED ANATOMICAL AREAS or by SPECIFIED SEXUAL ACTIVITIES; or

 

 

 

 

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Sexually Oriented Businesses 49

 

 

(3) 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.

 

ADULT MOTEL. A hotel, motel or similar commercial establishment which:

 

(1) Offers accommodations to the public for any form of consideration;

 

(2) 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; and

 

(3) Has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

 

(4) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

 

(5) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

 

ADULT MOTION PICTURE THEATER. 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 depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.

 

ADULT THEATER. A theatre, 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.

 

EMPLOYEE. A 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 to the premises.

 

ESCORT. 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.

 

ESCORT AGENCY. 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.

 

ESTABLISHMENT. Any of the following:

 

(1) The opening or commencement of any sexually oriented business as a new business;

 

(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

 

 

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(3) The additions of any sexually oriented business to any other existing sexually oriented business; or

 

(4) The relocation of any sexually oriented business.

 

LICENSEE. 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.

 

NUDE MODEL STUDIO . Any place where a person who appears semi‑nude, in a state of nudity or who displays SPECIFIED ANATOMICAL AREAS and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of Kentucky or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:

 

(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi‑nude person is available for viewing;

 

(2) Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

 

(3) Where no more than one nude or semi‑nude model is on the premises at any one time.

 

NUDITY or STATE OF NUDITY. 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 discernibly turgid state.

 

PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.

 

SEMI‑NUDE or in a SEMI‑NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola 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 areola is not exposed in whole or in part.

 

SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

 

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

 

(2) 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.

 

 

 

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Sexually Oriented Businesses 51

 

 

SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

 

SPECIFIED ANATOMICAL AREAS. This phrase means:

 

(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

 

(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

 

SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:

 

(1) Prostitution or promotion of prostitution;

 

(2) Dissemination of obscenity;

 

(3) Sale, distribution or display of harmful material to a minor;

 

(4) Sexual performance by a child;

 

(5) Possession or distribution of child pornography;

 

(6) Public lewdness;

 

(7) Indecent exposure;

 

(8) Indecency with a child;

 

(9) Engaging in organized criminal activity;

 

(10) Sexual assault;

 

(11) Molestation of a child;

 

(12) Gambling;

 

(13) Distribution of a controlled substance; or

 

(14) Any similar offenses to those described above under the criminal or penal code of other states or countries for which:

 

(a) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

 

(b) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

 

 

 

 

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(c) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

 

(d) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

 

SPECIFIED SEXUAL ACTIVITIES. Any of the following:

 

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

 

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

 

(3) Excretory functions as part of or in connection with any of the activities set forth in (1) or (2) above.

 

SUBSTANTIAL ENLARGEMENT. In regards to a sexually oriented business, this term means the increase in floor areas occupied by the business by more than twenty‑five percent (25%) as the floor areas exist on the date this chapter takes effect.

 

TRANSFER OF OWNERSHIP OR CONTROL. Any of the following:

 

(1) The sale, lease or sublease of the business;

 

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

 

(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.03 CLASSIFICATION.

 

Sexually oriented businesses are classified as follows:

 

(A) Adult arcades;

 

(B) Adult bookstores, adult novelty stores, or adult video stores;

 

(C) Adult cabarets;

 

(D) Adult motels;

 

(E) Adult motion picture theaters;

 

 

(F) Adult theaters;

 

 

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Sexually Oriented Businesses 53

 

 

(G) Escort agencies;

 

(H) Nude model studios; and

 

(I) Sexual encounter centers.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.04 LICENSE REQUIRED.

 

(A) It is unlawful:

 

(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this chapter.

 

(2) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.

 

(3) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

 

(B) An application for a license must be made on a form provided by the city.

 

(C) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this chapter.

 

(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 twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under ' 120.05 and each applicant shall be considered a licensee if a license is granted.

 

(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 aliases 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, 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.

 

 

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(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:

 

(a) The sexually oriented business's fictitious name; and

 

(b) Submit the required registration documents.

 

(c) Whether the applicant or a person residing with the applicant has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

 

(d) Whether the applicant or a person residing with the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county 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 the denial, suspension or revocation and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has 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.

 

(e) Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

 

(f) The single classification of license for which the applicant is filing.

 

(g) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number (s), if any.

 

(h) The applicant's mailing address and residential address.

 

(i) A recent photograph of the applicant(s).

 

(j) The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.

 

(k) 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 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.

 

(l) A current certificate and straight‑line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution/synagogue, school or public park or recreation area within one thousand (1,000) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

 

 

 

 

 

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(m) If an 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, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in ' 120.14.

 

(F) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city the following information:

 

(1) The applicant's name or any other name (including Astage@ names) or aliases used by the individual;

 

(2) Age, date, and place of birth;

 

(3) Height, weight, hair and eye color;

 

(4) Present residence address and telephone number;

 

(5) Present business address and telephone number;

 

(6) Date, issuing state and number of driver's permit or other identification card information;

 

(7) Social Security number; and

 

(8) Proof that the individual is at least eighteen (18) years of age.

 

(G) Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:

 

(1) A color photograph of the applicant clearly showing the applicant's face and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

 

(2) A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state or country has ever had a license, permit, or authorization to do business denied, revoked or suspended or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.

 

(3) A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

 

' 120.05 ISSUANCE OF LICENSE.

 

(A) Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the

 

 

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appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

 

(1) 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;

 

(2) The applicant is under the age of eighteen (18) years;

 

(3) The applicant has been convicted of a specified criminal activity as defined in this chapter;

 

(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation or prohibited by a particular provision of this chapter; or

 

(5) The applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application.

 

(B) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in ' 120.10.

 

(C) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in ' 120.06.

 

(D) Within thirty (30) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

 

(1) An applicant is under eighteen (18) years of age;

 

(2) An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to any business.

 

(3) An 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.

 

 

(4) An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

 

(5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

 

 

 

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(6) The premises to be used for the sexually oriented business have not been approved by the health department, fire department and the building official as being in compliance with applicable laws and ordinances.

 

(7) The license fee required by this chapter has not been paid.

 

(8) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

 

(E) The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to ' 120.03. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

 

(F) The health department, fire department and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the city.

 

(G) A sexually oriented business license shall issue for only one (1) classification as found in ' 120.03.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.06 FEES.

 

(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 two hundred fifty dollar ($250.00) non‑refundable application and investigation fee.

 

(B) In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual non‑refundable license fee of one hundred fifty dollars ($150.00) within thirty (30) days of license issuance or renewal.

 

(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 an annual one hundred dollar ($100.00) non‑refundable application, investigation, and license fee.

 

(D) All license applications and fees shall be submitted to the City Clerk.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.07 INSPECTION.

 

 

(A) An applicant or licensee shall permit representatives of the police department, fire department, zoning department and the Logan County Health Department or other state agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the state and local laws at any time it is occupied or open for business.

 

 

 

 

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(B) A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.08 EXPIRATION OF LICENSE.

 

(A) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in ' 120.04. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

 

(B) When the city denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial unless the city finds that the basis for denial of the renewal license has been corrected or abated. In this situation, the applicant may be granted a license if at least ninety (90) days have elapsed since the date of the denial became final.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.09 SUSPENSION.

 

The city shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:

 

(A) Violated or is not in compliance with any section of this chapter;

 

(B) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.10 REVOCATION.

 

(A) The city shall revoke a license if a cause of suspension in ' 120.09 occurs and the license has had a prior suspension within the preceding twelve (12) months.

 

(B) The city shall revoke a license if it determines that:

 

(1) A licensee gave false or misleading information in the material submitted during the application process;

 

(2) A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;

 

(3) A licensee has knowingly allowed prostitution on the premises;

 

(4) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

 

 

 

 

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(5) Except in the case of an adult motel, 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; or

 

(6) A licensee is delinquent in payment to the city, county or state for any taxes or fees that are past due.

 

(C) When the city revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.

 

(D) After denial of an application, or denial of a renewal of an application or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.11 TRANSFER OF LICENSE.

 

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.12 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

 

(A) A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than a zone designated as X‑I, and shall be defined and described by the operation of this chapter.

 

(B) A person commits an offense if the person operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of:

 

(1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religions activities;

 

 

(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

 

(3) A boundary of a residential district as defined in the city zoning ordinance.

 

 

 

 

 

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(4) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of the city park and recreation authorities;

 

(5) The property line of a lot devoted to a residential use as defined in the city zoning ordinance;

 

(6) An entertainment business which is oriented primarily towards children or family entertainment; or

 

(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

 

(C) A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within five hundred feet (500) feet of another sexually oriented business.

 

(D) A person commits a misdemeanor if that person causes or permits the operation, establishment or maintenance of more than one (1) sexually oriented business in the same building, structure or portion thereof or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

 

(E) For the purpose of division (B) above, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in division (B). Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

 

(F) For purposes of division (C) above, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects of political boundaries, from the closest exterior wall of the structure in which each business is located.

 

(G) Any sexually oriented business lawfully operating on the day this chapter becomes effective that is in violation of divisions (A) through (F) above non-conforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred (500) feet of one another

 

and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.

 

(H) A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in division (B) above within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

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' 120.13 ADDITIONAL REGULATIONS FOR ADULT MOTELS.

 

(A) Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a presumption that the establishment is an adult motel as that term is defined in this chapter.

 

(B) A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented license, he rents or sub‑rents a sleeping room to a person and, within ten (10) hours form the time the room is rented, he rents or sub-rents the same sleeping room again.

 

(C) For purposes of division (B) hereinabove, the terms Arent@ or Asub‑rent@ mean the act of permitting a room to be occupied for any form of consideration.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.14 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS.

 

(A) A person who operates or causes to be operated a sexually 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:

 

(1) Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty‑two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

 

(2) The application shall be sworn to be true and correct by the applicant.

 

(3) No alteration in the configuration or location of the manager's station may be made without the prior approval of the city.

 

(4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

 

(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager'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. If the premises has two (2) or more manager's stations designated, then the

 

 

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interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this division must be by direct line of sight from the manager's station.

 

(6) It shall be the duty of the licensee to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(1) of this section.

 

(7) No viewing room may be occupied by more than one (1) person at any time.

 

(8) 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 five (5) foot‑candles as measured at the floor level.

 

(9) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

 

(10) No licensee shall allow openings of any kind to exist between viewing rooms or booths.

 

(11) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

 

(12) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

 

(13) The licensee shall cause all floor coverings in viewing booths to be non-porous, easily cleanable surfaces with no rugs or carpeting.

 

(14) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of or permanently covered by nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty‑eight (48) inches of the floor.

 

(B) A person having a duty under division (A)(1) through (A)(14) above commits a misdemeanor if he knowingly fails to fulfill that duty.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.15 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.

 

(A) An escort agency shall not employ any person under the age of eighteen (18) years.

 

(B) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.16 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.

 

(A) A nude model studio shall not employ any person under the age of eighteen (18) years.

 

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(B) A person under the age of eighteen (18) years commits an offense if the person appears semi‑nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or visible to any other person.

 

(C) A person commits an offense if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

 

(D) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.17 ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY.

 

(A) It shall be a misdemeanor for a person who knowingly and intentionally in a sexually oriented business to appear in a state of nudity or depict specified sexual activities.

 

(B) It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business to appear in a semi‑nude condition unless the person is an employee who, while semi‑nude, shall be at least ten (10) feet from any patron or customer and on a stage at least two (2) feet from the floor.

 

(C) It shall be a misdemeanor for an employee, while seminude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi‑nude in a sexually oriented business.

 

(D) It shall be a misdemeanor for an employee, while seminude, to touch a customer or the clothing of a customer.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.18 PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS.

 

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually oriented business.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.19 HOURS OF OPERATION.

 

 

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays and 1:00 a.m. and noon on Sundays.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

' 120.20 EXEMPTIONS.

 

It is a defense to prosecution under ' 120.17 that a person appearing in a state of nudity did so in a modeling class operated:

 

 

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(A) By a proprietary school, licensed by the State of Kentucky; a college, junior college, or university supported entirely or partly by taxation;

 

(B) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

 

(C) In a structure:

 

(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

 

(2) Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

 

(3) Where no more than one (1) nude model is on the premises at any one time.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

 

' 120.99 PENALTIES; INJUNCTIVE RELIEF.

 

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of ' 120.12 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of two hundred dollars ($200.00) or thirty (30) days imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.

(Ord. 2002‑01, passed 3‑19‑02)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 121: MOTOR VEHICLE SALES

 

 

Section

 

121.01 Definitions

121.02 Permit required

121.03 Requirements for temporary sale or display

121.04 Permit fee

121.05 Appeals

121.06 Temporary sale/display; posting permit

 

 

' 121.01 DEFINITIONS.

 

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

DISPLAY. The placement of motor vehicles by a licensed motor vehicle dealer for the specific purpose of sale or advertising at a location that is not its established place of business for more than 24 hours but not to exceed the time limits otherwise provided in this chapter. Nothing in this chapter shall be deemed to prohibit a licensed motor vehicle dealer from off-site warehousing, storing, parking or driving a demonstrator vehicle in the normal course of business.

 

LICENSED MOTOR VEHICLE DEALER. Dealers, manufacturers, factory branches, distributors and distributor branches as those terms are defined in KRS 190.010 and, where applicable, who hold a license from the State of Kentucky.

 

TEMPORARY SALE OR DISPLAY. The conducting or holding of a sale or display of motor vehicles not to exceed seven days if held outdoors and not to exceed 14 days if held indoors; but shall not otherwise preclude the following activities which do not require a permit under this chapter:

 

(1) A display or sale of motor vehicles by a motor vehicle dealer trade association and its participating members for which a permit is issued by the State of Kentucky;

 

(2) A display of less than three motor vehicles for advertising purposes at one location, or as part of the licensee=s sponsorship of a charitable or other public event;

 

(3) A manufacturer=s sponsored display or sale of motor vehicles for its participating dealers within the City of Russellville, as defined by the United States Department of Commerce, Bureau of Census and shown in Kentucky Commerce Cabinet 1987 Kentucky Economic Statistics, or update editions thereof, except that the participating dealers, to include participating dealers not licensed in Kentucky, shall individually secure the permit required by this chapter; or

 

(4) Trade shows and similar major public events that have achieved regional or national prestige and that contribute substantially to the economy of the community and state.

(Ord. 2004-11, passed 9-21-04)

 

 

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' 121.02 PERMIT REQUIRED.

 

No person, corporation or other business entity other than a licensed motor vehicle dealer or a new vehicle manufacturer, as defined in KRS 190.010, shall conduct, hold, or otherwise participate in a temporary sale or display of motor vehicles at a location other than in the established place of business as specified in the licensed motor vehicle dealer=s state license without first obtaining a temporary sales or display permit from the Clerk of the City of Russellville. No person, corporation or other business entity other than a Kentucky licensed motor vehicle dealer shall be entitled to receive a temporary sale or display permit under this section except as otherwise provided in this chapter.

(Ord. 2004-11, passed 9-21-04)

 

 

' 121.03 REQUIREMENTS FOR TEMPORARY SALE OR DISPLAY.

 

All permits shall be submitted 14 days prior to the temporary sale or display and shall be granted or refused within three working days after submission of a complete application and shall expire, unless revoked or suspended, at the end of the permit period. The application shall include:

 

(A) The name and address of the licensed motor vehicle dealer(s) holding or conducting the temporary sale or display;

 

(B) The location, by street address, of the temporary sale or display;

 

(C) Certification from the Zoning Official that the location is properly zoned for such temporary sale or display;

 

(D) A copy fo the state license of the dealer(s) conducting the temporary sale or display, if appropriate; and

 

(E) The name of the person, corporation or other business entity sponsoring the temporary sale or display if different from the applicant for the permit.

(Ord. 2004-11, passed 9-21-04)

 

 

' 121.04 PERMIT FEE.

 

The permit fee for each temporary sale or display shall be $50 for each participating dealer, payable at the time of application.

(Ord. 2004-11, passed 9-21-04)

 

 

' 121.05 APPEALS.

 

The applicant(s) will be notified of the granting or rejecting of the permit, and if the application is rejected, the reason or reasons for rejection, and the applicant(s) will be notified of his or her right to appeal the rejection to the City Council and such appeal shall be made prior to the scheduled temporary sale or display.

(Ord. 2004-11, passed 9‑21‑04)

 

 

 

 

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' 121.06 TEMPORARY SALE/DISPLAY; POSTING PERMIT.

 

The temporary sale or display shall be advertised as temporary in nature and shall consist of a representative sampling of the inventory of each participating licensee. The temporary sale or display permit shall be conspicuously posted at the location of the sale or display.

(Ord. 2004-11, passed 9-21-04)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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