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CONSTRUCTION AND OPERATION
Any adult-oriented establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements, in addition to any and all local, state and/or national health codes which may be in effect and be applicable at any time while a license is issued and valid.
(A) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment, and shall be unobstructed by any door, lock or other control- type devices.
(B) Construction. Every booth, room or cubicle in addition to local, state and/or federal code requirements shall meet the following specific construction requirements:
(1) Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall;
(2) Have at least 1 side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same;
(3) All walls shall be solid and without any openings, extended from the floor to a height of not less than 6 feet and be light-colored, non-absorbent, smooth textured and easily cleanable;
(4) The floor must be light-colored, non-absorbent, smooth textured and easily cleanable; and
(5) The lighting level of each booth, room or cubicle, when not in use, shall be a minimum of 10 foot-candles at all times, as measured from the floor.
(C) Occupants. Only 1 individual shall occupy a booth, room or cubicle at any time. No occupant of any booth, room or cubicle shall engage in any type of specified sexual activities, cause any bodily discharge or litter in the booth. No individual shall damage or deface any portion of the booth.
(Ord. 374.4, passed 5-11-2000) Penalty, see § 112.99
(A) The operator shall maintain a complete and detailed register of all employees, showing the name and aliases used by the employee, home address, age, date of birth, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee. In addition, there shall be a legible copy of photo identification maintained for each employee, which, along with the aforementioned information, shall be updated each year, at the same time that any license renewals are applied for, as to any then current employees. The above information on each employee shall be maintained in the register, which shall be located on the premises, for a period of 5 years following termination.
(B) The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Police Department, any agency then providing police services Charter Township of Clayton and/or the Township Attorney, at all reasonable times.
(C) Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.
(D) Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended or renewed.
(E) No employee of an adult-oriented establishment shall allow any minor, who shall be considered to be an individual under the age of 18 years of age, to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment as defined herein.
(F) The operator shall maintain the premises in a clean and sanitary manner at all times.
(G) The operator shall maintain at least 15 foot-candles of light in the public portions of the establishment at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in the aisles; provided, however, at no time shall there be less than 5 foot-candles of illumination in the aisles, as measured from the floor.
(H) The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter.
(Ord. 374.4, passed 5-11-2000)
(A) Any person, partnership or corporation who is found to have violated this chapter shall be subject to a civil fine in a definite sum not exceeding $1,000 and shall be subject to the revocation of any license granted.
(B) Violation of this chapter shall be deemed to be a misdemeanor, punishable by up to $500 and/or 93 days in jail.
(C) Each violation of this chapter shall be considered a separate offense, and any violation continuing more than 1 day shall be considered a separate offense.
(Ord. 374.4, passed 5-11-2000)