(A) No person shall knowingly or intentionally in an adult cabaret or adult entertainment business:
(1) Engage in sexual intercourse;
(2) Appear in a state of nudity in view of others;
(3) Fondle his or her own genitals in view of others; or
(4) Fondle the genitals of another person, or permit another person to fondle his or her genitals.
(B) (1) No employee of an adult cabaret or adult entertainment business shall, while such employee is in a state of semi-nudity, knowingly or intentionally:
(a) Initiate any physical contact with a customer of such adult cabaret or adult entertainment business; or
(b) Permit a customer of such adult cabaret or adult entertainment business to have any physical contact with such employee.
(2) No customer of an adult cabaret or adult entertainment business shall knowingly or intentionally:
(a) Initiate any physical contact with an employee of an adult cabaret or adult entertainment business while such employee is in a state of semi-nudity; or
(b) Permit an employee of an adult cabaret or adult entertainment business, while such employee is in a state of semi-nudity, to have any physical contact with such customer.
(3) This division (B) shall not prohibit an employee or a customer from taking such action as is necessary to repel physical contact; nor shall this division (B) prohibit an employee or customer from initiating or permitting such contact as is necessary to protect the health or safety of any person.
(C) Any employee appearing on the premises of an adult cabaret or adult entertainment business in a state of semi-nudity must be on a stage that is:
(1) At least 24 inches above floor level; and
(2) Removed at least six feet from the nearest other employee and/or customer.
(D) No person shall be an employee at an adult cabaret or adult entertainment business:
(1) Who is not at least 18 years of age;
(2) Who, within the past three years, has been convicted of a felony; or
(3) Who, within the past three years, has been convicted of prostitution, procuring, pandering obscenity, violation of this section, or other crime of a sexual nature.
(E) No person under the age of 18 years shall be permitted on the premises of an adult cabaret or adult entertainment business. To ensure that there is no violation of this subsection, there shall be at all times during the hours that such adult cabaret or adult entertainment business is open for business be stationed at each entrance to the adult cabaret or adult entertainment business an employee who shall require of each person seeking admittance two identification documents. At least one of the identification documents shall be either a current driver's license or state-issued identification card, and in either case must contain the fall name, date of birth and photograph of the holder.
(F) No person who operates an adult cabaret or adult entertainment business shall intentionally, knowingly or recklessly violate or permit a violation of any provision of divisions (A), (B), (C), (D) or (E) hereof. As used herein, a person shall be deemed to "operate" an adult cabaret or adult entertainment business if such person manages, controls or holds primary responsibility for the operation of such adult cabaret or adult entertainment business.
(G) As used in this section:
ADULT CABARET. A commercial establishment that features persons who appear in a state of semi- nudity and which is intended to arouse or gratify the sexual desires of the operator, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators, or seminude waiters, waitresses or bartenders, or similar entertainers.
ADULT ENTERTAINMENT BUSINESS. An adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, adult-oriented business, or an adult only entertainment establishment as further defined in this section.
ADULT-ORIENTED BUSINESS. An establishment having as its primary stock and trade material that is distinguished or characterized by its emphasis on sexually oriented material that is harmful to juveniles or obscene. ADULT-ORIENTED BUSINESS includes, but is not limited to any adult entertainment business, adult book store, adult motion picture theater, adult motion picture drive-in theater, and an adult only entertainment establishment.
EMPLOYEE. A person who performs any service or work on the premises of an adult cabaret or adult entertainment business, including but not limited to providing entertainment, performing work of management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not such person is paid a salary, wage or other compensation by the operator or such business. EMPLOYEE does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
HARMFUL TO JUVENILES. Any material or performance that is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
(1) It tends to appeal to the prurient interest of juveniles;
(2) It contains a display, description, or representation of sexual activity, masturbation, sexual excitement, or nudity;
(3) It contains a display, description, or representation of bestiality, or bizarre violence, cruelty, or brutality;
(4) It contains a display, description, or representation of human bodily functions of elimination;
(5) It makes repeated use of foul language;
(6) It contains a display, description, or representation in lurid detail of the violent torture, dismemberment, destruction, or death of a human being;
(7) It contains a display, description, or representation of criminal activity that tends to glorify or glamorize the activity, and that, with respect to juveniles, has a dominant tendency to corrupt.
JUVENILE. An unmarried person under the age of eighteen.
MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other thing capable of arousing interest through sight, sound or touch.
NUDE or NUDITY. Exposing to view the human male or female gentiles or pubic area with less than a full opaque covering, the showing of the female breasts below a point immediately above the top of the areola with less than fully opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. COVERING means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
OBSCENE. When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is OBSCENE if any of the following apply:
(1) It lends to appeal to the prurient interest;
(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;
(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;
(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
SEMI-NUDE or SEMI-NUDITY. Exposing to view, with less than a full opaque covering, any portion of the human female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
(H) Whoever violates any provision of this section is guilty of a misdemeanor of the third degree, and shall be subject to the penalty provided in § 130.99.
(Ord. 2002-O-13A, passed 5-9-02)