(A) A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to said business under this chapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or 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 with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city or its designee, 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.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the city or its designee.
(4) It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager'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 one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in division (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure 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 (1) of this section.
(7) No viewing room may be occupied by more than one person at any one time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than 7.5 foot candle as measured at the floor level.
(9) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises.
(10) It shall be the duty of the owners and operator, and every person in charge of the business premises, and the duty of any agents and employees present on the premises, to maintain the walls or partitions between booths in good repair at all times, with no holes between any two booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths; provided, however, that if the configuration approved by the city or its designee permits an opening between the floor and the bottom portion of any such wall or partition, it shall be sufficient compliance if the entire wall or partition, as approved by the city, is maintained in good condition and repair, without holes or other openings in such wall or partition which would permit viewing or physical contact between occupants of adjacent booths.
(11) It shall be the duty of the owners and operator, and of every person in charge of the business premises, and the duty of any agents and employees, to prevent customers or visitors from loitering, standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not then actively engaged in shopping for or viewing the products available on display for purchase or viewing; all much owners, operators, persons in charge, and their agents and employees shall have the duty to have posted and keep posted in prominent places in and near the video booths, signs prohibiting loitering, and shall be responsible for enforcement of such prohibitions.
(12) The owners, operator and every person in charge of the business premises shall be responsible for maintaining the floors, seats, walls and other interior portions of all video booths clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owners' and operator's license to conduct the sexually oriented business.
(B) It shall be unlawful and a person having a duty under § 120.13(A) commits a misdemeanor if he/she knowingly fails to fulfill that duty.
(Ord. 1161, passed 8-17-94)