(a) A person who operates or causes to be operated a sexually-oriented business (other than an adult motel) which exhibits on the premises, in a viewing room, booth or otherwise, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually-oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit, if granted, will be conspicuously posted. 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 or object and should be drawn to a designated scale or 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 Municipality 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 has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Municipality.
(4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this division must be by direct line of sight from the manager's station or by the closed circuit television system and cameras hereinafter referenced.
(6) It shall be the duty of the licensee to ensure that the view area specified in division (a)(5) of this section 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 in the application filed pursuant to division (a)(1) of this section.
(7) No viewing room or booth may be occupied by more than one patron at any time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot candles as measured at the floor level.
(9) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(11) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(12) The licensee shall, during each business day, regularly inspect the walls between the viewing booths or rooms to determine if any openings or holes exist.
(13) The licensee shall cause all floor coverings where viewing takes place to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The licensee shall cause all wall surfaces and ceiling surfaces to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within 48 inches of the floor.
(15) A closed circuit television system shall be maintained and operated with a television monitor(s) located in the area of the manager's station(s), in the clear view of the public, and available for continuous viewing by the manager on duty.
(16) A camera or cameras shall be installed in any booth areas and shall scan each hallway and aisle way of the entranceway to any booth or room.
(17) The closed circuit television system shall operate on a switcher system so that television monitor(s) will switch sequentially and continuously from one camera to another. The continuous switching process will be timed to allow an adequate view of each area surveyed by each camera while accomplishing a complete circuit within less than one minute. To the extent necessary, more than one television monitor shall be installed so that there will be adequate circuits to provide a complete view of the entire interior premises, including any booth areas, but excluding restrooms, in less than one minute.
(18) In the event of a malfunction of any of the closed circuit television equipment described in this section, the sexually-oriented business licensee shall act promptly to repair or cause to be repaired any such malfunction within 24 hours, and shall maintain documentation of the date and time of any such malfunction and all measures taken to effect a repair. If an equipment malfunction cannot be repaired within 24 hours, those areas of the premises which are not able to be monitored as a result of the malfunction shall be closed until repairs are completed.
(b) A person having a duty under division(a)(1) through (18) of this section commits a misdemeanor of the first degree if he or she knowingly fails to fulfill that duty.
(Ord. 14-02. Passed 7-8-02.)