(A) It shall be a violation of this chapter for a patron, employee, or any other person to knowingly or intentionally, in a sexually oriented business, appear in a state of nudity, regardless of whether such public nudity is expressive in nature.
(B) It shall be a violation of this chapter for a person to knowingly or intentionally in a sexually oriented business appear in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least 18 inches from the floor.
(C) It shall be a violation of this chapter for any employee, while semi-nude in a sexually oriented business, to knowingly or intentionally receive any pay or gratuity directly from any patron or customer or for any patron or customer to knowingly or intentionally pay or give any gratuity directly to any employee, while said employee is semi-nude in a sexually oriented business.
(D) It shall be a violation of this chapter for any employee, while semi-nude, to knowingly or intentionally touch a customer or the clothing of a customer.
(E) It shall be a violation of this chapter for any manager of a sexually oriented business to knowingly or negligently allow an employee of the business to violate these regulations. It shall be a defense to prosecution that the manager was powerless to prevent the violation.
(F) Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the sexually oriented business manager for purposes of finding a violation of this chapter only if the manager knowingly or negligently allowed such act to occur on the premises. It shall be a defense to prosecution that the manager was powerless to prevent the act. A sign in a form to be prescribed by the City Commission and summarizing the provisions of divisions (A) through (D) above, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
(Ord. 220.16-10-2004, passed 10-18-2004) Penalty, see § 118.99