(a) No person may operate or cause to be operated an adult entertainment business, other than an adult motel, which exhibits on the premises in a viewing booth, as defined in Section 753.02 of this chapter, films, video cassettes, other video or image reproduction, or live entertainment which depict or depicts specified sexual activities or specified anatomical areas, without complying with the following requirements:
(1) The adult business application required under this chapter shall be accompanied by a diagram of the premises showing a plan thereof which specifies the location of all areas and/or viewing booths to which any patron is permitted access for any purpose, overhead lighting fixtures designates any portion of the premises in which patrons will not be permitted. 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 scale or marked with 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.
(2) Each area of the premises to which any patron is permitted access for any purpose and/or each viewing booth, excluding restrooms, shall contain a window made of clear Plexiglas or glass. Said window shall have at least a height of thirty (30) inches and a width of thirty (30) inches. Said window shall be located on the wall directly across from the place in said areas and/or viewing booths where films, videocassettes, other video or image reproduction or live entertainment are displayed. Nothing shall be permitted to cover either side of the window. Said window shall not be permitted to be tinted or colored in any manner. Said window shall be installed and/or constructed in such a manner so that the bottom is no higher than forty-eight (48) inches from the floor. Restrooms may not contain video reproduction equipment, and no entertainment of any kind shall be offered in restrooms.
(3) At least one employee shall be on duty at all times that any patron is present inside the premises. For the purposes of this section any employee who is regularly working behind a counter and/or cash register shall not count toward this requirement.
(4) No patron shall at any time be permitted access to any area of the premises which has been designated in the license application filed pursuant to this chapter as an area in which patrons will not be permitted.
(5) No viewing booths may be occupied by more than one person at any time.
(6) The premises shall be equipped with operable lighting fixtures in all areas of the premises to which patrons are permitted access.
(7) In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises.
(8) No openings of any kind shall be permitted to exist between viewing booths or in any wall of a viewing booth.
(9) No person shall make or attempt to make an opening of any kind between viewing booths or in any wall of a viewing booth.
(10) The walls of each viewing booth shall be inspected regularly during each business day to determine if any openings or holes exist.
(11) All floor coverings in viewing booths shall be nonporous, easily cleanable surfaces, and no rugs or carpeting.
(12) All wall surfaces and ceiling surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material.
(b) No person shall knowingly operate an adult entertainment business in violation of subsection (a) hereof.
(c) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the third degree.
(Ord. 02-25. Passed 5-20-02.)