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A. Loitering Prohibited; Monitoring Premises: It shall be the duty of the operator of an adult entertainment establishment to: 1) ensure that at least two (2) conspicuous signs stating that no loitering is permitted on the premises are posted on the premises; 2) designate one or more employees to monitor the activities of persons on the premises by visually inspecting the premises at least once every ninety (90) minutes or inspecting the premises by use of video cameras and monitors; and 3) provide lighting to the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. Said lighting shall be of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) foot-candle as measured at the floor level. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.
B. Lighting Requirements: It shall be the duty of the operator of an adult entertainment establishment to ensure that the interior premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five (5.0) foot-candles as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.
C. Failure To Fulfill Duty: It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
D. Barrier In Parking Lot: No adult entertainment establishment shall erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right of way. (Ord. 69-08, 10-20-2008)
All preexisting adult entertainment establishments lawfully operating in the city in compliance with all state and local laws prior to the effective date hereof, and all adult entertainment establishment employees working in the city prior to the effective date hereof, are hereby granted a de facto temporary license to continue operation or employment for a period of ninety (90) days following the effective date hereof. By the end of said ninety (90) days, all adult entertainment establishments and adult entertainment establishment employees must conform to and abide by the requirements of this chapter. (Ord. 69-08, 10-20-2008)
A. Nudity; Sexual Activity: No patron, employee, or any other person shall knowingly or intentionally, in an adult entertainment establishment, appear in a state of nudity or engage in a specified sexual activity.
B. Seminudity: No person shall knowingly or intentionally, in an adult entertainment establishment, appear in a seminude condition unless the person is an employee who, while seminude, remains at least six feet (6') from all patrons and on a stage at least eighteen inches (18") from the floor in a room of at least six hundred (600) square feet.
C. View From Operator Stations: The interior of the premises of any adult entertainment establishment which regularly features persons who appear seminude shall be configured in such a manner that there is an unobstructed view, by a direct line of sight from a fixed operator's station, of every area of the interior premises, excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two (2) or more operator's stations, then such view shall be from at least one of the operator's stations. An operator's station shall not exceed thirty two (32) square feet of floor area. 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.
D. Touching Of Customers: No employee who regularly appears seminude in an adult entertainment establishment shall knowingly or intentionally touch a customer or the clothing of a customer while on the premises of an adult entertainment establishment.
E. Alcoholic Beverages: No person shall sell, use, or consume alcoholic beverages on the premises of an adult entertainment establishment.
F. Minors: No person shall knowingly or recklessly allow a person under the age of eighteen (18) years to be or remain on the premises of an adult entertainment establishment.
G. Compliance Required: No operator or licensee of an adult entertainment establishment shall knowingly violate or fail to comply with the regulations in this section or knowingly allow an employee or any other person to violate the regulations in this section.
H. Regulations Posted: A sign in a form to be prescribed by the city manager, and summarizing the provisions of subsections A, B, C, D, E and F of this section shall be posted near the entrance of the adult entertainment establishment in such a manner as to be clearly visible to patrons upon entry. No person shall cover, obstruct, or obscure said sign.
I. Separate Restrooms: An adult entertainment establishment shall provide separate male and female restrooms for and to be used by employees which shall be separate from restrooms provided for and used by nonemployees. This requirement shall not apply to an adult entertainment establishment that neither has live entertainment nor provides prepared food or allows beverages (including alcoholic beverages) other than sealed nonalcoholic beverages for individual retail sales. (Ord. 69-08, 10-20-2008)
This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the adult entertainment establishment licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act. (Ord. 69-08, 10-20-2008)
In the event that a city official is required to act or to do a thing pursuant to this chapter within a prescribed time, and fails to act or to do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the city official under this chapter, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the city of an applicant or licensee's application for an adult entertainment establishment license or an adult entertainment establishment employee's license (including a renewal), the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the city's action has passed. (Ord. 69-08, 10-20-2008)
An adult entertainment establishment established, operated, or maintained in violation of any of the provisions of this chapter shall be, and is, declared to be a public nuisance. The city may, in addition to, or in lieu of any remedy set forth in this chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law. (Ord. 69-08, 10-20-2008)
This chapter and each section and provision of said chapter hereunder, are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. Should any procedural aspect of this chapter be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this chapter. (Ord. 69-08, 10-20-2008)