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 of less than 150 square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical area, shall comply with the following requirements.
(A) Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than one-hour fire-restrictive material and shall contain no hole or other perforation.
(B) The interior of the premises shall be configured in such a manner that there shall be an unobstructed view from a manager’s or cashier’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. The view required in this section must be by direct line of sight from the manager’s or cashier’s station. No manager’s or cashier’s station shall exceed a size or area of 32 square feet.
(C) No viewing room or booth shall be obstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials. No patron shall be permitted access to any area of the premises which has been designated as an area to which patrons are not permitted.
(D) No viewing room or booth shall be occupied by more than one person at any time. No owner, operator or employee shall knowingly permit any viewing room or booth to be occupied by more than one person at any time.
(E) No restroom shall contain any video reproduction devices or equipment.
(F) 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 ten foot candles as measured at floor level.
(G) It shall be the duty of the owner, operator or employee to ensure that the illumination described above is maintained at all times that any patron or customer is present in the premises.
(H) No owner, operator or employee shall allow openings of any kind to exist between viewing rooms or booths.
(I) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(J) The owner, operator and/or employees shall, during each business day, cause the walls between the viewing booths to be regularly inspected to determine if any openings or holes exist.
(K) All floor coverings in viewing rooms or booths shall be non-porous, easily cleanable surfaces, with no rugs or carpeting.
(L) There must be at least one employee on duty and situated at the manager’s station at all times that any patron is present inside the premises.
(Ord. 220.16-10-2004, passed 10-18-2004) Penalty, see § 118.99