4-10-19: REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS:
   A.   Requirements: A person who operates or causes to be operated a sexually oriented business use, other than a sexually oriented motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, 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 business use license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more managers' 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 thirty two (32) square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. 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 (±6"). The city clerk may waive the foregoing diagram for a renewal application 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(s).
      3.   No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee.
      4.   It is the duty of the owner and operator 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. In the case of a sexually oriented motion picture arcade (or "peep show"), it is the duty of the owner and operator of the premises and the licensed employees who are present to ensure that no more than one person occupies a viewing room or "peep" booth at any time, and that all other entrances to peep booths or other viewing areas (and to the aisles, walkways and hallways leading to peep booths or other viewing areas) are maintained free of any obstruction such as a door, curtain, panel, board, slat, ribbon, cord, rope, chain or other device.
      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 have two (2) or more managers' 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 subsection must be by direct line of sight from the manager's station.
      6.   It shall be the duty of the owner and operator, and it shall also be the duty of all employees present in the premises, to ensure that the line of sight and view areas specified in subsection A5 of this section remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and 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 subsection A1 of this section.
      7.   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 one foot-candle as measured at the floor level.
      8.   It shall be the duty of the owner and operator, and it shall also be the duty of all employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
      9.   No operator, owner or employee shall allow openings of any kind to exist between view rooms or booths.
      10.   No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
      11.   The operator or owner shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
      12.   The owner or operator shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
      13.   The owner or operator shall cause all wall surfaces and seating surfaces in viewing booths 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 forty eight inches (48") of the floor.
   B.   Offense: A person having a duty under subsection A of this section commits an offense if the person fails to fulfill that duty. (Ord. 440, 4-12-1994)