(a) For purposes of this section, live entertainment is defined as a person who appears nude, semi-nude, or a performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities.
(b) No person shall perform live entertainment for patron(s) of a sexually oriented business establishment, except upon a stage at least eighteen (18) inches above the level of the floor, which stage is separated by a distance of at least ten feet (10) from the nearest area occupied by patron(s). No patron shall be permitted within ten feet (10) of the stage while the stage is occupied by a performer.
(c) The sexually oriented business shall provide separate dressing room facilities for female and male performers that shall not be occupied or used, in any way, by anyone other than performers.
(d) The sexually oriented business 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 sexually oriented business shall provide a minimum four (4) foot wide walk aisle for performers between the dressing room area and the stage, which walk aisle shall be equipped with a railing, fence or other barrier separating the patrons and the performers and which prevents any physical contact between patrons and performers.
(e) No performer, either before, during, or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after a performance. This subsection shall only apply to physical contact while in or on the premises of the sexually oriented business.
(f) Fixed rails at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons that are required by this section of this division.
(g) No patron shall directly pay or give any gratuity to any performer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is, at all times, located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.
(h) No operator of a sexually oriented business shall cause or allow a performer to engage in any entertainment such as a "couch" or a "straddle" dance with a patron while in or on the premises. No performer shall contract to or engage in a "couch" or "straddle" dance with a patron while in or on the premises. For purposes of this subsection, "couch" or "straddle" dance is defined as an employee of the sexually oriented business intentionally touching or otherwise coming within ten feet (10) of any patron while engaged in the display or exposure of any "specified anatomical area" or any "specified sexual activity." For purposes of this subsection, employee is defined as it is in Section 10-168.2(1).
(i) This section shall not apply to an employee of a sexually oriented business who, while acting as a waiter, waitress, host, hostess, or bartender, comes within ten (10) feet of a patron. No employee shall engage in any specified sexual activity or display or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender.
(j) Compliance with this section.
(1) For purposes of this section, sexually oriented business is defined as set forth in Section 10-168.2(22). No sexually oriented business shall be considered to be in compliance with this section until the Town's duly designated representative(s) have inspected and approved the premises of the sexually oriented business. The Town shall have ten (10) days from the date it receives written notice from the operator that the premises are ready for inspection to determine if the premises are in compliance with this section. Failure by the Town to determine compliance within ten (10) days of the date it receives notice shall constitute a finding of compliance under this section.
(2) An operator of a sexually oriented business that has been providing live entertainment under a valid sexually oriented business permit shall have the time periods listed below within which to bring the premises into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the sexually oriented business's permit to be suspended under Section 10-168.9. The permit shall remain suspended until the premises are approved by the Town's duly designated representative(s) as being in full compliance with this section.
(3) An operator of a sexually oriented business that has been operating under a valid permit for another classification of sexually oriented business, and who seeks to provide live entertainment at that sexually oriented business, shall apply for and receive a sexually oriented business permit for the operation of a sexually oriented business providing live entertainment before any live entertainment is provided at that sexually oriented business. No live entertainment permit shall be issued until the sexually oriented business is approved as being in full compliance with this section and all other applicable requirements of this division.
(4) An applicant for a permit to operate a new sexually oriented business who seeks to provide live entertainment shall apply for and receive a sexually oriented business permit for the operation of a sexually oriented business providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the sexually oriented business is approved as being in full compliance with this section and all other applicable requirements of this division.
(5) Compliance with subsection (b) must occur within sixty (60) days from the date this section becomes effective.
(6) Compliance with subsection (c) must occur within ninety (90) days from the date this Section becomes effective.
(7) Compliance with subsection (d) must occur within ninety (90) days from the date this section becomes effective.
(8) Compliance with subsection (e) must occur upon the date this section becomes effective.
(9) Compliance with subsection (f) must occur within sixty (60) days from the date this section becomes effective.
(10) Compliance with subsection (g) must occur upon the date this section becomes effective.
(11) Compliance with subsection (h) must occur upon the date this section becomes effective.
(12) Compliance with subsection (i) must occur upon the date this section becomes effective.
(Ord. No. 2007-33, 12-27-07)