(A) Purpose. The private or semi-private performance of adult live entertainment in areas commonly known as “VIP rooms”, “VIP booths” or “VIP areas” presents opportunities for illegal activity such as, but not limited to, indecent exposure and solicitation for prostitution. The purpose of this section is to eliminate VIP adult live entertainment and to require all adult live entertainment to occur in a manner and location that freely permits management and a broad number of patrons to visually observe the entertainment so as to minimize the opportunities for adult live entertainment to lead to illegal activity. The provisions of this section shall be interpreted and applied in light of this purpose.
(B) An adult live entertainment business, regardless of whether or not a license has been issued for said business under this chapter, shall be subject to the following.
(1) An application for a sexually oriented business license for adult live entertainment shall be accompanied by a diagram of the premises specifying areas where adult live entertainment may occur. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises and the areas where adult live entertainment may occur required to be designated in the diagram have not been altered since it was prepared.
(2) Areas where adult live entertainment may occur must:
(a) Be at least 750 square feet in area. Notwithstanding the foregoing, an adult live entertainment business that, as of the effective date of this chapter, has its only area where adult live entertainment occurs an area of less than 750 square feet may continue to offer adult live entertainment in that area so long as:
1. The square footage of the area is not reduced;
2. Adult live entertainment does not occur in any other area of the business establishment; and
3. The business complies with all other provisions of this chapter.
(b) Contain one or more stages or raised areas where adult live entertainment will occur;
(c) Be accessible to all patrons without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee; and
(d) Not contain any areas visually screened, obstructed or separated from the majority of the patrons located in that area, which patrons are present in that area without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee.
(3) No alteration in the configuration of the areas where adult live entertainment may occur designated in the diagram required by division (B)(1) above may be made without first attaining an amendment to the license by submitting and receiving approval of a new diagram.
(4) Adult live entertainment may occur only:
(a) In the presence of and visually observable by an employee who is not an adult live entertainer;
(b) In the presence of and visually observable by more than one patron;
(c) In an area that is shown on an approved diagram as an area where adult live entertainment may occur;
(d) In an area that is not visually screened, obstructed or separated from the majority of the patrons located in that area, which patrons are present without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee;
(e) In an area that is accessible to all patrons without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee.
(f) Divisions (B)(4)(d) and (B)(4)(e) above do not prohibit or limit charges to patrons by adult live entertainers, or payment to, or the tipping of, such persons by the patrons.
(C) It shall be the duty of the operator and any owner who is present on the premises to ensure that adult live entertainment is not performed in the presence of patrons in violation of division (B)(4) above. It shall be unlawful for any such operator or owner to knowingly fail to fulfill that duty.
(D) It shall be unlawful for an adult live entertainer to engage in or perform adult live entertainment in violation of division (B)(4) above.