(A) A person who operates or causes to be operated a sexually oriented business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(2) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.
(3) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(a) That the occupancy of viewing rooms less than 150 square feet is limited to one person;
(b) That sexual activity on the premises is prohibited;
(c) That the making of openings between viewing rooms is prohibited;
(d) That violators will be required to leave the premises; and
(e) That violations of these regulations are unlawful.
(4) It shall be the duty of the operator to enforce the regulations articulated in divisions (A)(3)(a) though (A)(3)(d) above.
(5) The interior of the premises shall be configured in such a manner that there is 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. An operator’s station shall not exceed 32 square feet of floor area. If the premises has two 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 (excluding restrooms) from at least one of the operator’s stations. The view required in this section must be by direct line of sight from the operator’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator’s station at all times that any patron is on the premises. 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 section 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.
(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Prior Code, § 116.06) (Ord. 2007-10.02, passed 10-15-2007) Penalty, see § 116.99