(A) Nothing contained in this chapter is intended, or shall be construed, to permit or authorize activities which are unlawful under the state law or township ordinance. It is unlawful and a violation of this chapter for an operator to knowingly or intentionally violate the provisions of this chapter or to allow, either knowingly or intentionally, an employee or a patron to violate the provisions of this chapter. It shall be a defense to prosecution that the person prosecuted was powerless to prevent the violation.
(B) No person shall knowingly or intentionally, in an adult entertainment business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(C) No employee shall knowingly or intentionally, in an adult entertainment business, appear within view of any patron in a semi-nude condition unless the employee, while semi-nude, shall be and remain at least six feet from all patrons and on a fixed stage at least 18 inches from the floor in a room of at least 600 square feet.
(D) An adult entertainment businesses which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disk or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose.
(2) An operator’s station shall not exceed 32 square feet of floor area. If the premises has two or more operator’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least of the operator’s stations. The view required in this division (D)(2) must be by direct line of sight from the operator’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator’s station at all times that any patron is on the portion of the premises monitored by that operator’s station. It shall be the duty of the operator, and it shall also be the duty of any employee present on the premises, to ensure that the view area specifically in this division (D)(2) remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(E) No employee who regularly appears within view of patrons in a semi-nude condition in an adult entertainment business shall knowingly or intentionally touch a patron or the clothing of a patron in an adult entertainment business.
(F) No operator shall allow or permit an adult entertainment business to be or remain open between the hours of 2:00 a.m. and 9:00 a.m. on any day.
(Prior Code, Ch. XXXV, § 3) (Ord. 2011-8, passed 5-9-2011) Penalty, see § 110.99