(a) Nudity, Sexual Activity and Live Entertainment.
(2) No employee, as defined in Section 753.02 of this chapter, appearing on the premises of an adult entertainment business in a state of semi-nudity, may knowingly touch a customer or a customer's clothing or knowingly permit himself or herself to be touched by a customer or a customer's clothing.
(3) Any live entertainment that is provided on the premises of an adult entertainment business, in a private or semi-private room, to five or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee who is on duty at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a "viewing booth" under Section 753.02 of this chapter.
The provisions of this subsection (a) shall not apply to an employee's bona fide use of a restroom or of a single-sex dressing room that is accessible only to entertainers.
(b) Dressing Rooms. All adult entertainment businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers, which shall not be occupied or used in any way by any one other than entertainers.
(c) Minors Prohibited. No person under the age of eighteen (18) years shall be permitted on the premises of an adult entertainment business.
(d) Hours of Operation. No adult entertainment business shall remain open at any time between the hours of 2:30 a.m. and 5:30 a.m., nor shall any entertainment, service, or product be provided to a customer on the premises of an adult entertainment business during those hours.
(e) Exterior Display. No adult entertainment business or adult motel shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 753.02
of this chapter, or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, window or any other means.
(f) Penalties.
(1) Except as otherwise provided in this paragraph, any person who violates subsection (a) hereof or any person who operates an adult entertainment business and knowingly permits a violation of subsection (a) hereof on the premises, shall be guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or plead guilty to one violation of subsection (a) hereof, a second violation will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or plead guilty to two violations of subsection (a) hereof, a third violation will be considered a misdemeanor of the second degree. If the offender previously has been convicted of or plead guilty to three or more violations of subsection (a) hereof, any subsequent violation will be considered a misdemeanor of the first degree.
(2) Any person who operates an adult entertainment business and knowingly permits a violation of subsection (e) of this section on the premises shall be guilty of a misdemeanor of the first degree.
(3) Any person who operates an adult entertainment business in violation of subsection (b), or (d) hereof shall be guilty of a misdemeanor of the fourth degree.
(4) Any operator of an adult entertainment business or his agent or employee who recklessly violates, or operates an adult entertainment business in violation of, subsection (c) hereof commits a misdemeanor of the second degree. Mistake of age is not a defense to a charge under this section, unless the person under the age of eighteen (18) who was permitted on the premises exhibited to the operator or his agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen (18) years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under eighteen (18) years of age.
(Ord. 02-25. Passed 5-20-02.)