(a) Sexual Activity, Live Entertainment and Performances.
(1) Nothing contained in this chapter is intended, or shall be construed, to permit or authorize activities which are unlawful under state law of City chapter. It is unlawful and a violation of this chapter for an operator to knowingly or intentionally violate the provisions of this chapter or to allow, either knowingly or intentionally, an employee or a patron to violate the provisions of this chapter. It shall be a defense to prosecution that the person prosecuted was powerless to prevent the violation.
(2) No person shall, in a sexually oriented business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(3) Any employee appearing on the premises of a sexually oriented business in a state of semi-nudity, as defined by this chapter, must be on a stage that is at least twenty-four (24) inches from the floor, and at a distance at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(5) The interior of the premises shall be configured in such a manner that there is a an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two (2) or more operator’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the operator’s stations. It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator’s station at all times that any patron is on the portion of the premises monitored by the operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(6) Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements of this section shall be given one hundred eighty (180) days from the effective date of this chapter to comply with stage and building requirements of this section. During said one hundred eighty (180) days, any employee who appears within view of any patron in a semi- nude condition shall nevertheless remain, while semi-nude, at least six (6) feet from all patrons.
(7) No employee shall knowingly or intentionally, in a sexually oriented business, appear within view of any patron in a semi-nude condition unless the employee, while semi-nude, shall be and remain at least six (6) feet from all patrons and on a fixed stage at least twenty-four (24) inches from the floor and at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(8) Employees in a sexually oriented business shall maintain a minimum distance of five (5) feet from areas on the business premises occupied by patrons for a minimum of sixty (60) minutes after the employee appears in a semi-nude condition within view of any patron. This regulation is not intended to prohibit ingress or egress from the premises. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments.
(9) No patron who is not a member of the employee’s immediate family shall knowingly touch an employee while that employee is semi-nude or touch the clothing of any employee while that employee is semi- nude.
(10) No employee who regularly appears semi-nude on the premises of a sexually oriented business and while semi-nude, shall knowingly touch a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or the clothing of a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or allow the patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family to touch the employee or the clothing of the employee.
(11) The provisions of this section shall not apply to an employee’s use of any restroom or any single-sex dressing room that is accessible only to employees.
(12) In addition, the provisions of this section shall not apply to live performances in which the patron and employee are separated by an impenetrable barrier such as, but not limited too, glass or Plexiglas.
(13) Any violation of subsections (a)(2)-(10) shall be a misdemeanor of the second degree.
(b) Minors Prohibited. No person under the age of eighteen (18) years shall be permitted on the premises of a sexually oriented business.
(1) A person commits a first degree misdemeanor if the person recklessly allow a person under the age of eighteen (18) on the premises of a sexually oriented business.
(c) Hours of Operation. No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit issued pursuant to Chapter 4303 of the Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented business activity in which the performers appear nude.
(d) This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the sexually oriented business for purposes of finding a violation of this chapter only if an officer, director, general partner or licensee, 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. 44-15. Passed 7-13-15.)