A person who operates or causes to be operated a sex oriented business, other than an adult motel/hotel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction, or adult live entertainment which depicts specified sexual activities or specified anatomical areas as defined in this subchapter, shall comply with the following requirements:
(A) Upon application for a building permit or zoning clearance, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. 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 to some designated street and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches.
(1) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than five foot-candles as measured at the floor level.
(2) It shall be the duty of the owners and/or operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
(B) It shall be the duty of the owner and/or operator to ensure that the viewing room(s), as defined in this subchapter, remain(s) unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(C) No viewing room may be occupied by more than one person at any one time.
(D) The application shall be sworn to be true and correct by the applicant.
(Ord. § 606(F), passed 9-4-2008)