The purpose of these standards is to establish comprehensive regulations for sexually-oriented businesses within the City of Bromley. These regulations are designed to protect and promote the public health, safety and welfare by regulating the location and design of sexually-oriented businesses to minimize the nature and extent of adverse secondary effects. It is the desire of the legislative body to balance the Constitutional rights of businesses that present sexually-oriented entertainment with the legislative body’s interests in ensuring that this community not suffer from adverse effects. The facts and other matters set forth in Appendix 15.01, Preamble to the Regulations of Sexually Oriented Businesses are hereby adopted as findings of fact in support of the legislative body’s action.

The definitions specific to this Article are found in Section 14.04, Definitions for Sexually Oriented Businesses.

These standards shall apply to sexually-oriented businesses in all districts unless otherwise stated.

1. 1.
   Prohibited Uses

   The following uses are prohibited in the City under Kenton County Ordinance No. 451.9, establishing licensing requirements for sexually-oriented businesses and service-oriented escort bureaus. No Zoning Permit shall be issued for the following prohibited businesses:

   1. a.
      Sexually-oriented motion picture arcade or booth;
   2. b.
      Sexually-oriented encounter center;
   3. c.
      Sexually-oriented motel;
   4. d.
      Sexually-oriented massage parlor or any business offering massages that is operated by a person who is not licensed as a massage therapist in accordance with the provisions of KRS 309.350 et seq.;
   5. e.
      Sexually-oriented modeling studio;
   6. f.
      Sexually-oriented nude modeling studio; and
   7. g.
      Sexually-oriented escort bureau.
2. 2.
   Other Prohibited Uses. Because there are no suitable sites for such sexually-oriented businesses, the following additional uses are prohibited:

   1. a.
      Sexually-oriented media store;
   2. b.
      Sex shop;
   3. c.
      Service-oriented escort bureau;
   4. d.
      Sexually-oriented motion picture theatre; and
   5. e.
      Sexually-oriented cabaret or theatre.

A service-oriented escort bureau shall be subject to the following additional standards:

1. 1.
   Room Size

   The establishment shall operate all business in an open area of at least 600 square feet of floor area. No walls, dividers, curtains, screens, shades or other similar devices shall be used to obscure any part of the room where customers are located.

2. 2.
   Lighting

   The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured 3 feet from the floor.

A retail book, video or other media store that has sexually-explicit media that constitutes more than ten percent but not more than 40 percent of its inventory or that occupies more than ten percent but not more than 40 percent of its gross public floor area shall not be classified as a sexually-oriented business but shall be subject to the following standards:

1. 1.
   Separate room. The sexually-explicit media shall be kept in a separate room from the rest of the inventory of the store and shall not visible outside the room;
2. 2.
   Age limit. Sexually-explicit media shall be available only to persons 18 years or older;
3. 3.
   Access. Access to the room shall be through a solid door, accessed by an electronic control device monitored by the clerk or manager on duty through direct visual control;
4. 4.
   Visibility. Customers and activities in the room shall be visible at all times to the clerk or manager on duty through a video system located at the clerk’s or manager’s counter; and
5. 5.
   Lighting. The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured three feet from the floor.

A sexually-oriented media store or sex shop shall be subject to the following additional standards:

1. 1.
   Room Size. The establishment shall operate all business in an open area of at least 600 square feet of floor area. No walls, dividers, curtains, screens, shades or other similar devices shall be used to obscure any part of the room where customers are located;
2. 2.
   Displays. No displays of sexually-explicit media or images shall be visible from the exterior of the buildings; and
3. 3.
   Lighting. The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured three feet from the floor.

A sexually-oriented motion picture theater shall be subject to the following additional standards:

1. 1.
   Presentation Area

   All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing at least 1,000 square feet of floor area. No walls, dividers, curtains, screens, shades or other similar devices shall be used to obscure any part of the room.

2. 2.
   Lighting

   The lighting level in the area occupied by customers shall be at least five footcandles as measured at the floor.

3. 3.
   Seating

   Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, portable chairs, beds, loose cushions or mattresses, or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the building code and the Americans with Disabilities Act.

A sexually-oriented cabaret or theater shall be subject to the following additional standards:

1. 1.
   Presentation Area

   All entertainment shall occur in an unobstructed room of at least 600 square feet of floor area with a person in any part of such room having a clear view of all entertainment areas.

2. 2.
   Performance Stage

   All entertainment shall take place on stage elevated at least 24 inches above the surrounding floor area, with a minimum area of 100 square feet, and with a horizontal separation of at least 60 inches between the edge of the stage and the nearest space to which customers have access—the horizontal separation shall be physically enforced by a partial wall, rail, or other physical barrier, which may be located either on the stage (to keep the entertainers back from the edge) or on the floor (to keep the customers back from the stage).

3. 3.
   Lighting

   The lighting level in the area occupied by customers shall be at least 15 footcandles as measured three feet from the floor.

4. 4.
   Seating

   Seating shall consist of chairs or open booths; no couches, beds, or loose cushions or mattresses, or of any form shall be provided.