Loading...
(A) It shall be the duty of the operator of a sexually oriented business to:
(1) Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses are located;
(2) Post conspicuous signs stating that no loitering is permitted on such property;
(3) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 90 minutes or inspecting such property by use of video cameras and monitors; and
(4) Provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering.
(5) If used, video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.
(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 2002-10, passed 8-17-02)
It shall be unlawful for any person in a sexually oriented business knowingly to violate the following regulations or knowingly to allow an employee or any other person to violate the following regulations:
(A) It shall be a violation of this chapter for a patron, employee, or any other person who knowingly or intentionally, in a sexually oriented business, appears in a state of nudity, regardless of whether such public nudity is expressive in nature.
(B) It shall be a violation of this chapter for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is a licensed employee who, while semi-nude, shall be at least six feet from any patron or customer and on a stage at least two feet from the floor.
(C) It shall be a violation of this chapter for any employee, while semi-nude in a sexually oriented business, knowingly or intentionally to receive any pay or gratuity directly from any patron or customer or for any patron or customer knowingly or intentionally to pay or give any gratuity directly to any employee, while said employee is semi-nude in a sexually oriented business.
(D) It shall be a violation of this chapter for any employee, while semi-nude, knowingly or intentionally to touch a customer or the clothing of a customer.
(E) A sign, in a form to be prescribed by the Clerk-Treasurer, summarizing the provisions of this section shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
(Ord. 2002-10, passed 8-17-02)
No person shall operate a sexual encounter establishment as defined in this chapter. Operation of such an establishment shall constitute a nuisance per se and will additionally result in imposition of penalties for violation of this chapter.
(Ord. 2002-10, passed 8-17-02) Penalty, see § 114.99
This chapter shall apply to the activities of all sexually oriented businesses and sexually oriented business employees described herein, whether such businesses or activities were established or commenced before, on, or after the effective date of this chapter.
(Ord. 2002-10, passed 8-17-02)
(A) A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined in an amount not to exceed $2,500. Each violation shall be considered a separate and distinct offense, and each day the violation is committed, or permitted to continue, shall constitute a separate and distinct offense.
(B) The City Attorney is hereby authorized to institute civil proceedings necessary for the enforcement of this chapter seeking to enjoin, restrain or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the city, provided, however, that nothing in this section and no action taken thereunder, shall be held to exclude such criminal or other proceedings as may be authorized by other provisions of this code, or any of the laws in force in the county or the state, or to exempt anyone violating this chapter or any part of said laws from any penalty which may be incurred.
(C) All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this chapter to the full extent allowed by law.
(Ord. 2002-10, passed 8-17-02)