(A) A person who operates or causes to be operated a sexually oriented business other than an adult motel which exhibits on the premises a film, video cassette, live entertainment, sells adult oriented merchandise, including books, magazines, novelty items, computer software, videos or shows other video reproductions which depicts specified sexual activities, shall comply with the following requirements. The following conditions shall be included on the site plan in order for it to be considered a complete application:
(1) Upon application for a sexually oriented business license, 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 and 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 where the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall be required; however, each diagram should be oriented to the north or to some designed street and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal inches;
(2) No alteration in the configuration of a manager's station may be made without prior approval of the Planning and Development Director or designee;
(3) It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated in each manager's station at all times when a patron is inside the premises to insure that no illegal activity is taking place within the establishment;
(4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction or surveillance equipment, books or any items offered for sale. If the premises has two or more manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view from at least one of the manager's stations of the entire area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection shall be by direct line of sight from the manager's station;
(5) It shall be the duty of the owner(s) and operator(s) and it shall be the duty of any agent(s) and employee(s) present in the premises to insure that the view area specified in subsection (4) 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 that has been designated as off-limits to patrons, which areas shall include the manager's station or office;
(6) Sexually oriented businesses shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level. It shall be the duty of the owners and operator and it shall be the duty of any agents and employees present in the premises to insure that this illumination is maintained at all times when any patron is present within the premises;
(7) Adult motion picture theaters, adult mini motion picture theaters and adult theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level. The seating area of the theater, however, shall observe an illumination of not less than 0.5 foot-candles as measured at the floor level. It shall be the duty of the owners and operator and it shall be the duty of any agents and employees present in the premises to insure that this illumination is maintained at all times when any patron is present within the premises;
(8) Adult motion picture theaters and adult theaters shall be in an enclosed building with no less than 100 fixed seats. No private viewing rooms or semi-private booths are allowed;
(9) An adult mini motion picture theater shall not allow more than one person in a viewing room at any time;
(10) No owner or operator shall allow openings of any kind to exist between viewing rooms within an adult mini motion picture theater;
(11) The owner or operator of an adult mini motion picture theater shall, during each business day, regularly inspect the walls between the viewing rooms to determine if any openings or holes exist;
(12) The owner or operator of an adult mini motion picture theater shall cause all floor coverings in viewing rooms to be nonporous, easily cleanable surfaces, with no rugs or carpeting;
(13) The owner or operator of an adult mini motion picture theater shall cause all wall and ceiling surfaces in viewing rooms to be constructed of, or permanently covered by, nonporous, easily cleanable material;
(14) A fully detailed lighting plan shall be included with the commercial site plan for any sexually oriented business.
(B) A person having a duty under subsections (A)(1) through (14) is in violation of this chapter if he knowingly, willfully or intentionally fails to fulfill that duty.
(Ord. 99-02, passed 2-8-99) Penalty, see § 112.99