24-3.01 An establishment engaging in a sexually explicit entertainment activity, except as otherwise provided by laws which may be more restrictive, may not have more than one (1) outside flush to the wall, facial style sign, not to exceed in size ten (10') feet in length (horizontal to the ground) and three (3') feet in width (vertical to the ground), with no flashing lights and with no lettering, wording or pictorial or representational matter which is distinguished or characterized by an emphasis on depictions of sexual activities as defined hereinabove.
(Ord. BG2002-57, 12/3/2002)
24-3.02 An establishment engaging in sexually explicit entertainment may not display its stock in trade or matter depicting, describing or relating to sexual activities in such manner as to be subject to public view from outside the establishment, including but not limited to view from public sidewalks, streets, arcades, hallways or passways.
(Ord. BG2002-57, 12/3/2002)
24-3.03 An operator of an establishment engaging in sexually explicit entertainment activity or sexually explicit escort service, or his employee, shall not permit a person under eighteen (18) years of age to be employed by or to enter his establishment, or to be a patron of such service; provided however, that a licensed sexually explicit entertainment establishment which devotes only a portion of its business premises to sexually explicit entertainment or material may permit the public, generally including minors, to enter the portions of the premises within which no sexually explicit entertainment or material is visible or on display. This Chapter shall not be construed to be an exemption from or in conflict with any requirement found in any statute, ordinance, regulation or other provision of law applicable to a licensee or potential licensee hereunder which is more stringent in terms of an age requirement for employees.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-3.04 An operator engaging in a sexually explicit entertainment activity shall, at all times, cause the entrance of his establishment to be so attended as to insure compliance with the requirements contained hereinabove.
(Ord. BG2002-57, 12/3/2002)
24-3.05 An establishment licensed to engage in sexually explicit entertainment shall not provide such entertainment between the hours of 1:00 a.m. and 6:00 a.m.
(Ord. BG93-17, 4/6/93)
24-3.06 A sexually explicit amusement arcade, except as otherwise provided by laws which may be more restrictive, shall meet the following requirements:
a. Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than one hour fire-restrictive material and shall contain no hole or other perforation.
b. A person who operates or causes to be operated a sexually explicit amusement arcade which exhibits on the premises in a viewing room of less than one hundred and fifty (150) square feet of floor space a film, video cassette or other video reproduction which depicts sexual activities as defined hereinabove shall comply with the following requirements:
1. The interior of the premises shall be configured in such a manner that there shall be an unobstructed view from a manager's or cashier'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. The view required in this Section must be by direct line of sight from the manager's or cashier's station.
2. It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified hereinabove remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times.
3. No viewing room may be occupied by more than one (1) person at a time.
c. There shall be no fewer than two (2) doorways, each of a width no less than thirty-six (36") inches, which provide ingress or egress from any room in which an amusement devised or viewing area is located; provided however, that one (1) doorway shall be sufficient in the event the Fire Chief or his designee should so determine. The doorway or doorways shall be unlocked during business hours.
d. Over every doorway which provides egress from any room in which an amusement device or viewing area is located shall be maintained an internally illuminated exit sign with letters at least five (5") inches in height.
e. A light level of no less than ten (10') foot candles at floor level shall be maintained in every portion of the establishment to which the public is admitted.
(Ord. BG2002-57, 12/3/2002)
24-3.07 The public entrance to a sexually explicit entertainment establishment shall not be located nearer than seven hundred fifty (750') feet from any church, synagogue or other permanent place of worship, licensed day care center, public or private elementary, middle or secondary school, institution of higher learning or business college, or any park, mall or park-like area of open space under the control of a governmental agency. Such distance shall be measured along a straight line from the nearest property line of the real estate on which that building or public park-like area is located to the entrance to such establishment engaging in a sexually explicit entertainment activity.
(Ord. BG2002-57, 12/3/2002)
24-3.08 The public entrance to a sexually explicit entertainment establishment shall not be located nearer than seven hundred fifty (750') feet from any area zoned residential. Such distance shall be measured along a straight line from the boundary line of the nearest area zoned for residential purposes to the entrance to such establishment engaging in a sexually explicit entertainment activity.
(Ord. BG2002-57, 12/3/2002)
24-3.09 The public entrance to a sexually explicit entertainment establishment shall not be located nearer than five hundred (500') feet from the public entrance of another sexually explicit entertainment activity establishment. Such distance shall be measured in a straight line from the nearest entrance to a building containing an existing sexually explicit entertainment establishment to the entrance or proposed entrance to the building containing the proposed new sexually explicit entertainment establishment.
(Ord. BG2002-57, 12/3/2002)
24-3.10 No entertainer, dancer or escort in a sexually oriented business shall be permitted to have any physical contact with any other entertainer, dancer, escort, employee, patron or spectator while that entertainer, escort or dancer is performing.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-3.11 No alcoholic beverages shall be present, stored or consumed on any premises licensed as a sexually oriented business.
(Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)
24-3.12 No person shall appear nude on the premises of any sexually oriented business, except in the entertainment area as defined herein.
(Ord. BG2002-57, 12/3/2002)
24-3.13 No person shall, while on the premises of any sexually oriented business, engage in or simulate any sexual activities.
(Ord. BG2002-57, 12/3/2002)
24-3.14 No employee, owner, operator, patron, spectator or any other person shall, while on the premises of any sexually oriented business, engage in or perform any form of entertainment, except while positioned in or occupying an entertainment area as defined herein and while the person so performing, displaying or exhibiting is positioned not less than three (3') feet from any patron or spectator.
(Ord. BG2002-57, 12/3/2002)
24-3.15 No spectator, patron or persons other than a licensed entertainer shall be present in an entertainment area, as defined herein, during the course of any entertainment or performance on the premises of a sexually oriented business.
(Ord. BG2002-57, 12/3/2002)
24-3.16 No owner or operator of a sexually oriented business shall permit an unlicensed entertainer to work or perform services in its sexually oriented business.
(Ord. BG2002-57, 12/3/2002)