(a) Specific Requirements for Adult Cabarets.
(1) The adult cabaret shall provide a separate employee entrance and exit.
(2) Adult cabaret shall provide dressing room facilities that are exclusively dedicated to the employees' use.
(3) The performance area of an adult cabaret shall be limited to one or more stages or platforms permanently anchored to the floor (a "cabaret stage").
A. The cabaret stage shall be visible immediately upon entering the premise's seating area and shall be visible to an operator at all times. The cabaret stage shall not be blocked or obstructed by a door, curtain, drape or any other obstruction.
B. Each cabaret stage shall be at least 18 inches in elevation above the level of the patron seating areas and shall be separated by a distance of at least six feet from all areas of the premises to which patrons have access. A continuous railing, at least three feet in height and located at least six feet from all points of the stage, shall separate the stage from seating areas for patrons.
C. The adult use shall provide permanent access for employees between the cabaret stage and employee dressing room facilities that are completely separated from the patrons. If the separate access is not physically feasible, the adult use shall provide a minimum four-foot-wide walk aisle for entertainers between the dressing room facilities and the cabaret stage, with a permanent rail system or other barrier separating the patrons and the employees using the stage to prevent any physical contact between patrons and the employees. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained, establishing the required separations between the entertainers and patrons.
D. No adult use patron shall offer, and no adult use employee having performed on any Cabaret Stage shall accept any form of tip or gratuity offered directly or personally to the employee by the adult use patron. Rather, all tips and gratuities to adult use employees performing on any cabaret stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the adult use. Said receptacle shall be located at least six feet from all points of the stage. Tips shall only be collected and distributed by the operator or designated employee.
E. A sign at least two feet by two feet, with letters of at least one inch high shall be conspicuously displayed on or adjacent to every cabaret stage stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF FAIRBORN. EMPLOYEES ARE: 1. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. 2. NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR PERSONALLY FROM PATRONS. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT. 3. NOT PERMITTED TO ENGAGE IN ANY LAP DANCE OR PRIVATE PERFORMANCE. 4. NOT PERMITTED TO ENGAGE IN ANY OTHER PUBLIC DANCE, PUBLIC PERFORMANCE OR EXHIBITION UNLESS CONDUCTED ENTIRELY WITHIN THE CONFINES OF A CABARET STAGE. 5. NOT PERMITTED TO APPEAR IN A STATE OF PUBLIC NUDITY. |
F. Prohibited Activities. It shall be unlawful for an operator of an adult cabaret or other adult use to knowingly or with reason to know, permit, suffer or allow any employee:
i. To engage in a lap dance or private performance with a person at the establishment; or to contract or otherwise agree with a person to engage in a lap dance or private performance with a person at the establishment; or
ii. To engage in any other public dance, public performance or exhibition unless conducted on a cabaret stage as defined and regulated by Section 1126.07(a)(3); or
iii. To contract or otherwise agree with a person to engage in any specified sexual activity at the establishment; or
iv. To display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee; or
v. To allow any person to touch any portion of a clothed or unclothed body below the neck and above the knee, excluding that part of the employee's arm below the wrist, commonly referred to as the hand; or
vi. To appear in a state of semi-nudity unless such person is entirely within the confines of a cabaret stage; or
vii. To intentionally touch the clothed or unclothed body of any person at the adult use, excluding another employee, at any point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, commonly referred to as the hand.
viii. An adult cabaret shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room.
ix. An adult cabaret shall provide and display to the public, at a place near the main entrance of the establishment, information, brochures or pamphlets available from the Greene County Health Department specific to AIDS and other sexually transmitted diseases.
(b) Specific Requirements for Adult Arcades, Adult Bookstores, Adult Novelty Stores and Adult Video Stores.
(1) Window areas for adult arcades and stores shall not be covered or obstructed in any way.
(2) Any and all sexually oriented materials or sexually oriented merchandise characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" discarded by any adult use shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to said materials or merchandise.
(3) Such adult uses shall provide and display to the public, at a place near the main entrance of the establishment, information, brochures or pamphlets available from the Greene County Health Department specific to AIDS and other sexually transmitted diseases.
(c) Specific Requirements for Adult Theaters.
(1) Seating. Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
(2) Aisles. Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.
(3) Signage. Each adult theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area.
(4) An adult theater shall provide and display to the public, at a place near the main entrance of the establishment, information, brochures or pamphlets available from the Greene County Health Department specific to AIDS and other sexually transmitted diseases.
(d) Specific Requirements for Adult Uses with Booths. Adult theaters and other adult uses that contain booths for the display of films, motion pictures, video cassettes, DVDs, slides, or other visual representations, shall comply with the following provisions:
(1) Have a sign posted in a conspicuous place at or near the entrance way which states that only one person may occupy the booth;
(2) Have a permanently open entrance way for each booth not less than three feet- two inches wide and not less than seven feet high, which shall never be closed or partially closed by any curtain, door or other partition which would be capable of wholly or partially obscuring any person situated in the booth; no curtains, doors or other partitions shall be affixed, attached or connected to the permanently open entrance way of any booth;
(3) Have one individual seat, not a couch, bench or the like;
(4) Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times;
(5) Have, except for the open entrance way for each, for each booth walls or partitions of solid construction without any holes or openings in such walls or partitions; and
(6) Such adult uses shall provide and display to the public, at a place near the main entrance of the establishment, information, brochures or pamphlets available from the Greene County Health Department specific to aids and other sexually transmitted diseases.
(e) Specific Requirements for Nude Modeling Studios.
(1) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room or area open to the public.
(2) A nude model studio shall provide and display to the public, at a place near the main entrance of the establishment, information, brochures or pamphlets available from the Greene County Health Department specific to AIDS and other sexually transmitted diseases.
(Ord. 34-17. Effective 12-7-17.)