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(A) No patron, employee, or any other person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity or engage in a specified sexual activity.
(B) No person shall knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six feet from all patrons and on a stage at least 18 inches from the floor in a room of at least 1,000 square feet.
(C) No employee who appears semi-nude in a sexually oriented business shall knowingly or intentionally touch a customer or the clothing of a customer on the premises of a sexually oriented business. No customer shall knowingly or intentionally touch such an employee or the clothing of such an employee on the premises of a sexually oriented business.
(D) No person shall possess, use, or consume alcoholic beverages on the premises of a sexually oriented business.
(E) No person shall knowingly or recklessly allow a person under the age of 18 years to be or remain on the premises of a sexually oriented business.
(F) No operator of a sexually oriented business shall knowingly or recklessly allow a room in the sexually oriented business to be simultaneously occupied by any patron and any other employee who is semi-nude or who appears semi-nude on the premises of the sexually oriented business, unless an operator of the sexually oriented business is present in the same room.
(G) No operator or licensee of a sexually oriented business shall violate the regulations in this section or knowingly or recklessly allow an employee or any other person to violate the regulations in this section. Without limiting the scope of the preceding sentence, an operator shall be deemed to have recklessly allowed another person to violate a regulation if, at the time of the violation, the operator failed to have an employee on duty and situated in at least one operator's station having a direct line of sight to the area of the establishment where the violation occurred.
(H) A sign in a form to be prescribed by the County Administrator, and summarizing the provisions of divisions (A), (B), (C), (D), and (E), shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry. No person shall cover, obstruct, or obscure said sign.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23) Penalty, see § 111.99
This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
(A) A person who violates any of the provisions of this chapter shall be guilty of a Class A Misdemeanor, and, upon conviction shall be punishable by up to a $500 fine and/or up to 12 months in the county jail. Each day a violation is committed, or permitted to continue, shall constitute a separate offense and shall he fined as such.
(B) The county's legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this chapter to enjoin prosecute, restrain, or correct violations hereof. Such proceedings shall be brought in the name of the county, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this chapter, or any of the laws in force in the county or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.
(C) Any premises, building, dwelling, or other structure in which a sexually oriented business is repeatedly operated or maintained in violation of this chapter shall constitute a nuisance and shall be subject to civil abatement proceedings in a court of competent jurisdiction.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)