The purpose of these standards is to establish comprehensive regulations for sexually-oriented businesses within the City of Fort Wright. 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.
3. 3.
   Permitted Zoning Districts

   1. a.
      A media store carrying some sexually-oriented media is permitted in any zoning district where other retail establishments are permitted.

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.