The following additional requirements shall pertain to adult uses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit the operation of an adult use to engage in, conduct or carry on unless all of the following requirements are met:
A. No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of eighteen (18) years upon the premises or within the confines if no liquor is served, or under the age of twenty-one (21) if liquor is served.
B. No person shall perform live entertainment for patrons of an adult use except upon a fixed stage at least eighteen (18) inches above the level of the floor.
C. No performer shall be within six (6) feet of a patron while the performer is performing. This six (6) foot separation shall be marked by a railing, fence, or other physical barrier designed to obstruct any contact between the performer and the patron(s). No performer shall be within six (6) feet of a performer while that performer is performing.
D. No owner, operator, responsible managing employee, manager or permittee shall permit or allow: (1) any patron to approach within six (6) feet of a performer who is either nude or displaying specified anatomical areas; or (2) a performer who is either nude or displaying specified anatomical areas, whether or not performing, to approach within six (6) feet of a patron; or (3) a performer who is either nude or displaying specified anatomical areas to approach within six feet of another performer while performing.
E. All performers, other than nude performers or performers displaying specified anatomical areas while performing, shall, at a minimum while on or about the premises or tenant space, wear an opaque covering which covers their specified anatomical areas.
F. If patrons wish to tip performers, receptacles shall be at least six (6) feet from the stage or other area used by the performers. Patrons shall not provide tips directly to performers or place tips in the performers' costumes. When patrons are at the establishment, a patron shall not be allowed to directly touch, fondle or caress a performer, as those terms are defined in Kev, Inc. v. Kitsep County, 793 F.2d 1053 (9th Cir. 1986). This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier described in division C. above.
G. The adult use shall provide dressing rooms for performers, which are separated by gender and exclusively dedicated to the performers' use and which the performers shall use at all times. Performers may share a dressing room.
H. The adult use shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall use at all times.
I. The adult use shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult use shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other physical barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. Nothing in this section is intended to exempt the adult use from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.
J. Fixed railing, fence, or other physical barrier at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this section.
('65 Code, § 23-24.4(J)) (Ord. No. 98-006, § 20 (part))