(a) It shall be a first degree misdemeanor for a person who, with knowledge and intent, appears in person in a nude of semi-nude condition in a sexually oriented business, unless the person is an employee who, while nude or semi-nude, is at least ten (10) feet from any patron or customer, and on a stage raised at least two (2) feet from the floor. (See, e.g. Colacurcio v. City of Kent, 163 F.3d 545, 553-54 (9th Cir. 1998) (upholding 10 foot distance requirement); DLS, Inc. v. City of Chattanooga, 107 F.3d 403, 413 (6th Cir. 1997) (in upholding a six-foot distance requirement, the court stated that “it is not for us to say that a seven-foot zone or a five-foot zone would strike a better balance”).
(b) It shall be a first degree misdemeanor for an employee, while nude or semi-nude, to solicit any pay or gratuity from any patron or customer on the sexually oriented business premises, or for any patron or customer to pay or give any gratuity to any employee, while said employee is nude or semi-nude on the sexually oriented business premises.
(c) It shall be a first degree misdemeanor for an employee, while nude or semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch a nude or semi-nude employee or the clothing of a nude or sem-nude employee, while the employee is on the sexually oriented business premises. (Ord. 107-05. Passed 12-5-05.)