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(a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, 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 specific sexual activities or specific anatomical areas, shall comply with the following requirements:
(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 managers' 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 at which the 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 or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram for renewal applications 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 prior approval of the Chief of Police or his or her designee;
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in 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 have two or more managers' 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) In addition, a closed circuit television system shall be maintained and operated with a television monitor or monitors located in the area of the manager's station, in the clear view of the public and available for continuous viewing by the manager on duty. A camera or cameras shall be installed in the booth areas and shall scan each hallway and aisleway of the entranceway to each booth. The closed circuit television system shall operate on a switcher system so that the television monitor or monitors will switch sequentially and continuously from one camera to another. The continuous switching process will be timed to allow an adequate view of each area surveyed by each camera while accomplishing a complete circuit within less than one minute. To the extent necessary, more than one television monitor shall be installed so that there will be adequate circuits to provide a complete view of the entire interior premises, including booth areas, in less than one minute.
A. In the event of a malfunction of any of the closed circuit television equipment described above, the operator or his or her designee shall act promptly to repair or cause to be repaired any such malfunction within 24 hours. The operator shall maintain documentation of the date and time of any such malfunction and all measures taken to effect a repair. If an equipment malfunction cannot be repaired within 24 hours, those areas of the adult arcade which are not capable of being monitored as a result of the malfunction shall be closed until repairs are completed.
B. Signs, of adequate size for clear visibility, shall be posted in the adult arcade to give notice to all patrons of the areas therein which are continuously monitored by closed circuit television cameras with monitors.
(7) It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (a)(5) hereof remains unobstructed by any doors, wall, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated, in the application filed pursuant to subsection (a)(1) hereof, as an area in which patrons will not be permitted;
(8) The premises 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; and
(9) It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) No person having a duty under subsection (a) hereof shall knowingly fail to fulfill that duty.
(Ord. 98-O-24, passed 4-6-1998)