533.16 CONDUCT PROHIBITED IN ADULT CABARETS.
   (a)   No person shall knowingly or intentionally in an adult cabaret:
      (1)   Engage in sexual intercourse;
      (2)   Appear in a state of nudity in view of others;
      (3)   Fondle his or her own genitals in view of others; or
      (4)   Fondle the genitals of another person, or permit another person to fondle his or her genitals.
   (b)   No employee of an adult cabaret shall, while such employee is in a state of semi- nudity, knowingly or intentionally:
      (1)   Initiate any physical contact with a customer of such adult cabaret; or
      (2)   Permit a customer of such adult cabaret to have any physical contact with such employee.  No customer of an adult cabaret shall knowingly or intentionally;
      (3)   Initiate any physical contact with an employee of an adult cabaret while such employee is in a state of semi-nudity; or
      (4)   Permit an employee of an adult cabaret, while such employee is in a state of semi-nudity, to have any physical contact with such customer.  This subsection (b) shall not prohibit an employee or a customer from taking such action as is necessary to repel physical contact; nor shall this subsection (b) prohibit an employee or customer from initiating or permitting such contact as is necessary to protect the health or safety of any person.
   (c)   Any employee appearing on the premises of an adult cabaret in a state of semi- nudity must be on a stage that is:
      (1)   At least twenty-four inches above floor level; and
      (2)   Removed at least six feet from the nearest other employee and/or customer.
   (d)   No person shall be an employee at an adult cabaret:
      (1)   Who is not at least eighteen years of age;
      (2)   Who, within the past three years, has been convicted of a felony; or
      (3)   Who, within the past three years, has been convicted of prostitution, procuring, pandering obscenity, violation of this section, or other crime of a sexual nature.
   (e)   No person under the age of eighteen years shall be permitted on the premises of an adult cabaret.  To ensure that there is no violation of this subsection, there shall at all times during the hours that such adult cabaret is open for business be stationed at each entrance to the adult cabaret an employee who shall require of each person seeking admittance two identification documents.  At least one of the identification documents must be either a current driver’s license or state-issued identification card, and in either case must contain the full name, birth and photograph of the holder.
   (f)   No person who operates an adult cabaret shall intentionally, knowingly or recklessly violate or permit a violation of any provision of subsections (a), (b), (c), (d) or (e) hereof.  As used herein, a person shall be deemed to “operate” an adult cabaret if such person manages, controls or holds primary responsibility for the operation of such adult cabaret.
   (g)   As used in this section “adult cabaret” means a commercial establishment that features persons who appear in a state of semi-nudity and which is intended to arouse or gratify the sexual desires of the operator, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators, or semi-nude waiters, waitresses or bartenders, or similar entertainers.
   (h)   As used in this section, “employee” means a person who performs any service or work on the premises of an adult cabaret, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, 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 such person is paid a salary, wage or other compensation by the operator of such business.  “Employee” does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
   (i)   As used in this section, “nude” or “nudity” means exposing to view the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast below a point immediately above the top of the areola with less than a full opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state.  “Covering” means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
   (j)   As used in this section, “semi-nude” or “semi-nudity” means exposing to view, with less than a fully opaque covering, any portion of the human female breast below the top of the areola or any portion of the buttocks.  This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
   (k)   Whoever violates any provision of this section is guilty of a misdemeanor of the third degree, and shall be subject to the penalty provided in Section 501.99.
(Ord. 99-32.  Passed 3-8-99.)