The following rules and regulations shall, where applicable, govern all types of establishments licensed under this subchapter, and any operator or his agent, independent contractor, performer or employee shall not:
(A) Permit any disorderly conduct.
(B) Suffer or allow, in or upon the licensed premises, the annoying, molesting or accosting and soliciting for immoral purposes, of any patrons, independent contractors, performers or employees by other patrons, independent contractors, performers or employees.
(C) Permit any of the following conduct, either by patrons, independent contractors, performers or employees:
(1) The performance of acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(2) The actual caressing or fondling of the breast, buttock, pubic region or genitals of any other person, patron, independent contractor or performer.
(3) The actual or simulated display of the pubic hairs, pubic region, anus, vulva or genitals.
(D) Allow or permit any person to smoke or hold a lighted cigar, cigarette or pipe, on the dance floor while dancing is permitted.
(E) Fail to provide separate and adequate dressing rooms for male and female performers and/or entertainers if entertainment is provided.
(F) Permit or allow any patron to take an active part in any entertainment; except, that patrons may engage or participate in group or community singing.
(G) Permit overcrowding of the dance floor or provide less than 200 square feet of dance space in establishments which have a seating capacity of less than 100 persons, or provide less than 400 square feet in establishments which have a seating capacity of 100 or more persons. Such dance space shall be plainly indicated by floor markings and shall be kept free of tables, chairs or any other obstacles during the time that dancing is permitted.
(H) Permit any visibly intoxicated person to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises.
(I) Permit independent contractors, performers, dancers and entertainers, to eat, drink, solicit drinks or otherwise mingle with the patrons. As used in this division, the term "mingle" shall not be interpreted so as to prevent an independent contractor or performer from having brief contact with a patron in order to receive tips during or within a reasonable time following a performance. The purchasing of or otherwise furnishing an independent contractor or performer with food or drink shall not be considered tipping. Entertainers under 18 years of age shall not be permitted to remain in that portion of the licensed premises that is open to the public except during periods of actual performance or when accompanied by a parent, legal guardian, or spouse over 18 years of age.
(J) Permit or be engaged in any illegal act or occupation on the licensed premises.
(K) Permit or allow gambling or the use, possession or presence of gambling apparatus or paraphernalia, except for those charitable gaming activities permitted and regulated by Public Act 382 of 1972, as amended. Charitable gaming activities shall only be permitted in an approved charitable gaming room and also meet the following criteria:
(1) Charitable gaming rooms must be confined to an area of the building that is physically separated from the cabaret.
(2) Charitable gaming rooms must be accessed via a separate interior or exterior entry.
(L) Employ or contract with any person except in accordance with the provisions of this subchapter or any applicable provision of this code, any applicable ordinance of the city, or state laws.
(M) Permit any person to remain in or upon the licensed premises who engages in conduct prohibited by this section.
(N) Permit the exhibition of pictures, video tapes or films depicting acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(O) Permit any person under the influence of any type of drug or narcotic to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises.
(P) Permit any person to perform or audition for a position as a performer, who has performed a secondary service, as described by § 113.195 on the same business day or who is identified on the notice from the Police Department as provided in § 113.196(B) or to allow any person ro perform or audition for a position as a performer without first obtaining the information and documentation required by § 113.196(A) and entering the information on the daily logs as required in § 113.193(A).
(Ord. 816, passed 2-20-08; Am. Ord. 834, passed 2-21-11) Penalty, see § 113.999