(A) An adult mini-motion-picture theater, regardless of whether or not a license has been issued for such business under this chapter, shall be subject to the following:
(1) Upon application for a sexually oriented business 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, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. 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 some designated street or object and should be drawn to a designated scale 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 inches. The Chief of Police may waive the 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) No alteration in the configuration or location of a manager’s station may be made without prior approval of the Chief of Police.
(3) At least one employee must be on duty and situated at each manager’s station at all times that any patron is present in or on the premises.
(4) 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 have two or more manager’s stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this division (A)(4) must be by direct line of sight from the manager’s station.
(5) The entrance to each adult mini-motion- picture booth shall be free of any obstruction such as a door, curtain, wall, partial wall, panel, board, merchandise display rack, or other material.
(6) There shall be no openings or glass of any kind between booths, and booths shall not be designed, constructed, or configured in such a manner that the interior of any booth may be visible or made to be visible from any other booth.
(7) The interior of each booth shall be sufficiently illuminated so that the inside of the booth is visible from the manger’s station as set forth in division (A)(4) of this section.
(8) No booth shall be occupied by more than one patron at any time.
(B) It shall be the duty of the operator and any owner or employees who are present on the premises to ensure compliance with divisions (A)(3) through (8) of this section. It shall be unlawful for any person having such a duty to knowingly fail to fulfill that duty.
(Ord. 28 ORD 5-10, passed 5-6-10) Penalty, see § 113.19