(a) Nudity, Sexual Activity, and Live Entertainment.
(2) Any employee appearing on the premises of an adult entertainment business in a state of semi-nudity, as defined in Section 581.02 of this Chapter, must be on a stage at least two (2) feet from the floor and at least six (6) feet from any customer.
(3) All live entertainment and performances in an adult entertainment business must take place on a stage at least two (2) feet from the floor and at least six (6) feet from any customer.
(4) No employee, as defined in Section 581.02 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/herself to be touched by a customer or a customer's clothing.
(5) Any employee appearing on the premises of an adult entertainment business in a state of semi-nudity, as defined in Section 581.02 of this Chapter, must be at least six (6) feet from all customers at all times, including while such employee is on stage or in transit between a stage and a dressing room.
(6) Any live entertainment that is provided in a private or semi-private room to five (5) or fewer persons at any one time must take place in the presence of at least one (1) employee who is not an entertainer, and with all doors to such room completely open and ajar, if such room is not considered a viewing booth under Section 581.02 of this Chapter and therefore is not subject to the provisions of Section 581.18 of this Chapter.
(b) Dressing Rooms. All adult entertainment businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by anyone other than entertainers.
(c) Tipping. Any tips, gratuities, or other payments made directly to entertainers by customers shall be placed in a designated tip box or similar container. Such payments may not be handed or given to an entertainer directly by any customer.
(d) Minors Prohibited. No person under the age of eighteen (18) years of age shall be permitted on the premises of an adult entertainment business.
(e) Hours of Operation. No adult entertainment business shall remain open at any time between the hours of 1:30 a.m. and 7:00 a.m. on weekdays and Saturdays, and 1:30 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 the hours set forth herein.
(f) 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) foot candles as measured at floor level.
(2) The illumination described in this subsection above shall be maintained at all times that any patron is present in 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.
(g) Exterior Display. No adult entertainment business shall be conducted in any manner that permits that observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 581.02 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.
(h) Any person who violates subparagraph (a) of this Section shall be guilty of a misdemeanor of the first degree.
(i) Any person who operates an adult entertainment business and knowingly or recklessly permits a violation of subparagraph (a) or (g) of this Section on the premises shall be guilty of a misdemeanor of the first degree.
(j) Any person who operates an adult entertainment business in violation of subparagraph (b), (c), (e), or (f) of this Section shall be guilty of a misdemeanor of the fourth degree.
(k) Any operator of an adult entertainment business or his agent or employee who recklessly or knowingly violates, or operates an adult entertainment business in violation of subparagraph (d) of this Section commits a misdemeanor of the second degree.
(Ord. 2010-26. Passed 4-5-10.)