755.20 ADDITIONAL REGULATIONS CONCERNING THE OPERATION OF ADULT ENTERTAINMENT BUSINESSES; PENALTY.
(a) Nudity; Sexual Activity; Live Entertainment and Performances
(2) Any employee appearing on the premises of an Adult Entertainment Business in a state of semi-nudity, as defined in Section 755.02 of this Chapter, must be on a stage that is at least 45 inches from the floor, and at a distance of at least 45 inches from all parts of a clearly designated area in which patrons will be permitted.
(3) All live entertainment and performances in an Adult Entertainment Business must take place on a stage that is at least 45 inches from the floor and a distance of at least 45 inches from all parts of a clearly designated area in which patrons will be permitted.
(4) No employee, as defined in Section 755.02 of this Chapter, appearing on the premises of an Adult Entertainment Business in a state of semi- nudity, may touch a customer or a customer's clothing or permit himself or herself to be touched by a customer or a customer's clothing.
(5) Any live entertainment that is provided on the premises of an Adult Entertainment Business, in a private or semi-private room, to five (5) or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee station at which at least one employee is on duty and stationed at all times during which such entertainment takes place. All doors to such room shall remain completely open if such room is not considered a "Viewing Booth" under Section 755.02 of this Chapter.
The provisions of this subsection (a) shall not apply to an employee's bona fide use of a restroom or of a single-sex dressing room that is accessible only to performers, entertainers or employees.
(b) Dressing Rooms. All Adult Entertainment Businesses that offer live entertainment must provide separate dressing room facilities for female and male performers, entertainers or employees, which shall not be occupied or used in any way by anyone other than the performers, entertainers or employees.
(c) Minors Prohibited. No person under eighteen (18) years of age shall be permitted on the premises of an Adult Entertainment Business.
(d) Hours of Operation. No Adult Entertainment Business shall remain open at any time between the hours of 2:30 a.m. and 7:00 a.m. on weekdays and Saturdays, and 2:30 a.m. and noon (12:00 p.m.) on Sundays, nor shall any entertainment, service or product be provided to a customer on the premises of an Adult Entertainment Business during those hours.
(e) Minimum Lighting Level.
(1) The premises of every Adult Entertainment Business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five (5.0) footcandles as measured at floor level.
(2) The illumination described in (a) above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(f) Exterior Display. No Adult Entertainment Business or Adult Motel shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 755.02 of this Chapter, or any person in a state of nudity or semi- nudity, whether by means of display, decoration, sign, window or any other means.
(g) Except as otherwise provided in this Section, any person who violates subsection (a) of this Section, or any person who operates an Adult Entertainment Business and knowingly or recklessly permits a violation of subsection (a) of this Section to occur on the premises, shall be deemed guilty of a misdemeanor of the fourth degree. If the offender has been previously convicted of or pleaded guilty to a previous violation of subsection (a) of this Section, a violation of subsection (a) of this Section will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a) of this Section, a violation of subsection (a) of this Section will be considered a misdemeanor of the first degree.
(h) Any person who operates an Adult Entertainment Business and knowingly or recklessly permits a violation of subsection (f) of this Section on the premises shall be deemed guilty of a misdemeanor of the first degree.
(i) Any person who operates an Adult Entertainment Business in violation of subsections (b), (d) or (e) of this Section shall be deemed guilty of a misdemeanor of the fourth degree.
(j) Any operator of an Adult Entertainment Business or his or her agent or employee who knowingly or recklessly violates, or who operates an Adult Entertainment Business in violation of subsection (c) of this Section shall be deemed guilty of a misdemeanor of the second degree. Mistake of age is not a defense to a charge under this Section unless the person under the age of eighteen (18) years who was permitted on the premises exhibited to the operator or his or her agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen (18) years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under the age of eighteen (18) years.
(Ord. 2004-108. Passed 7-6-04.)
(Ord. 2004-108. Passed 7-6-04.)