(a) Nudity, Sexual Activity, Live Entertainment and Performances.
(2) Any employee appearing on the premises of a sexually oriented business in a state of seminudity, as defined in Section 856.02 of this chapter, must be on a stage that is at least forty-five inches from the floor, and at a distance at least seventy-two inches from all parts of a clearly designated area in which patrons will be present.
(3) All live entertainment and performances in a sexually oriented business must take place on a stage that is at least forty-five inches from the floor and a distance of at least seventy-two inches from all parts of a clearly designated area in which patrons will be present.
(4) The stage shall be separated from the area in which patrons may be present.
(5) No employee, as defined in Section 856.02 of this chapter, appearing on the premises of a sexually oriented business in a state of seminudity, may touch a customer or a customer's clothing or permit himself or herself to be touched by a customer or a customer's clothing.
(6) Any live entertainment that is provided on the premises of a sexually oriented business, in a private or semiprivate room, to five or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed 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 856.02 of this chapter and therefore is not subject to the provisions of Section 856.18 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 sexually oriented 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 years shall be permitted on the premises of a sexually oriented business.
(d) Hours of Operation. No sexually oriented business shall remain open at any time between the hours of 2:30 a.m. and 7:00 a.m. on weekdays and Saturdays, and 2:30 a.m. and 12:00 noon on Sundays, nor shall any entertainment, service, or product be provided to a customer on the premises of a sexually oriented business during those hours.
(e) Minimum Lighting Level.
(1) The premises 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, including restrooms, at an illumination level of not less than five footcandles as measured at floor level.
(2) The illumination described in paragraph (e)(1) above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(f) Exterior Display. No sexually oriented business 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 856.02 of this chapter, or any person in a state of nudity or seminudity, whether by means of display, decoration, sign, window or any other means.
(g) Penalties.
(1) Except as otherwise provided in this paragraph, any person who violates subsection (a) of this section, or any person who operates a sexually oriented business and knowingly and permits a violation of subsection (a) of this section on the premises, shall be guilty of a misdemeanor of the fourth degree.
If the offender previously has been convicted of or pleaded guilty to one violation of subsection (a) of this section, a violation of subsection (a) of this section will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of subsection (a) of this section, a violation of subsection (a) of this section will be considered a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a) of this section, a violation of subsection (a) of this section will be considered a misdemeanor of the first degree.
(2) Any person who operates a sexually oriented business and knowingly permits a violation of subsection (f) of this section on the premises shall be guilty of a misdemeanor of the first degree.
(3) Any person who operates a sexually oriented business in violation of subsection (b), (d), or (e) of this section shall be guilty of a misdemeanor of the fourth degree.
(4) Any operator of a sexually oriented business or his or her agent or employee who recklessly violates, or operates a sexually oriented business in violation of, subsection (c) of this section commits a misdemeanor of the second degree. Mistake of age is not a defense to a charge under this section, unless the person under age eighteen who was permitted on the premises exhibited to the operator or his or her 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 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 years old.
(Ord. 98-69. Passed 6-4-98.)