(A) Every sexually oriented business shall be physically arranged in a manner that the entire interior portion of any areas into which patrons are permitted access (including all booths, cubicles, rooms and stalls except adult motel rooms and toilet facilities) shall be clearly visible from the common areas of the premises and the visibility into such areas shall not be blocked or obscured by doors, screens, curtains, partitions, drapes, merchandise, display racks, other materials, or any other opaque obstruction whatsoever.
(B) All interior walls, partitions or other dividers of any areas into which patrons are allowed access (including all booths, cubicles, rooms and stalls except adult motel rooms and toilet facilities) shall be continuous from the floor to four feet high with no apertures, holes or other openings. This provision shall not apply to conduits for plumbing, heating, air conditioning, ventilation or electrical service, provided that conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas.
(C) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of all interior walls, partitions or other dividers of any areas into which patrons are allowed access and designating any area into which patrons will not be permitted. A professionally prepared diagram in the nature of an engineer 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 designated scale or with marked 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. The Police Chief may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. The application shall be sworn to be true and correct by the applicant. No alteration in the configuration or location of an interior wall, partition or other divider may be made without the prior approval of the Police Chief or his or her designee.
(D) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in division (A) above remains unobstructed by any doors, walls, curtains, partitions, any other opaque coverings, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (C) above. It shall be the duty of the operators and owners and it shall also be the duty of any agents and employees present to ensure that the premises is monitored to assure that no openings are allowed to exist in violation of the division (B) above, and to ensure that no patron is allowed access to any portion of the premises where any opening exists in violation of division (B) above, until the opening has been repaired. It shall be unlawful for any owner, operator or manager of any enterprise to permit any employee to provide any entertainment to any customer in any separate area (any portion of the interior of a sexually oriented business which is separated from any other portion of the same business by any wall, partition or other divider) within an enterprise to which entry or access is blocked or obscured by any door, curtain or other barrier, regardless of whether entry to the separate area is by invitation, admission fee, club membership fee or any form of gratuity or consideration.
(E) The premises of the view area specified in division (A) above 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 five-foot candle as measured at the floor level. The parking lot of every sexually oriented business 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 five-foot candle as measured at the ground level.
(F) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(G) A person having a duty under divisions (A) through (F) above commits an offense if he or she knowingly fails to fulfill that duty.
(H) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(I) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.
(Ord. 12-3-98, passed 12-3-1998)