The failure of a licensee to meet any one of the following conditions of the license specified below shall result in a suspension or revocation of the license.
(A) Every licensee is responsible for the conduct within the place of business. The act of any employee, while on the premises, is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
(B) The licensee is responsible for having the issued adult use-primary business license posted and clearly visible and readable to the public in a prominent location.
(C) The licensee is responsible for having posted and clearly visible and readable to the public in a prominent location a sign indicating the following information:
(1) The adult use-primary is licensed by the city;
(2) No patron is allowed on a stage, if applicable, or in any area posted as non-public;
(3) No person shall interfere with a peace officer;
(4) All patrons must leave the premises within 30 minutes after the close of hours of operation;
(5) Use and possession of controlled substances is prohibited;
(6) Sale and consumption of alcohol is prohibited, if applicable;
(7) State of nudity is prohibited in public areas, excluding restrooms;
(8) Prostitution and solicitation are prohibited;
(9) Intercourse, masturbation and other directly physical sexual stimulation are prohibited; and
(10) If applicable, touching between patrons and live entertainment is prohibited.
(D) The licensee is responsible for having entrances to non-public areas clearly posted or marked as non-public or otherwise held out as off-limits to patrons.
(E) The licensee is responsible for having the issued adult use-primary manager license(s) for the on duty manager(s) posted and clearly visible and readable to the public. Any such posted license is deemed evidence that the manager is on duty and responsible for conduct on the premises.
(F) Every licensee shall allow, without a warrant, any peace officer, health officer, city employee or any other person designated by the City Council to conduct compliance checks and to otherwise enter, inspect and search the premises of the licensee during business hours and after business hours during the time when patrons remain on the premises.
(G) One or more manager stations are required to maintain visibility of all public areas within the adult use-primary.
(1) The interior of the adult use-primary shall be configured in such a manner that there is an unobstructed view from the manager station(s) of the entire area of the adult use-primary to which any patron is permitted access for any purpose excluding restrooms. If the adult use-primary has two or more manager stations designated, then the interior shall be configured in such a manner that there is an unobstructed view of the every area of the adult use-primary to which any patron is permitted access for any purpose from at least one of the manager stations. The view required in this division (G) must be by direct line of sight from the manager station.
(2) A manager station may not exceed 32 square feet in a compact and contiguous area.
(3) It is the duty of the licensee of the adult use-primary to ensure that at least one licensed manager is on duty and situated in each manager station at all times that any patron is present inside the adult use-primary.
(4) It shall be the duty of the licensee, and it shall also be the duty of any licensed manager present in the adult use-primary, to ensure that the view area specified in division (G)(1) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times
(5) It shall be the duty of the licensee, and it shall also be the duty of any licensed manager present in the adult use-primary, to ensure that no patron is permitted access to any area of the premises that has been designated as a non-public area.
(H) The adult use-primary 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-candle as measured at three feet above floor level. It shall be the duty of the operator, and it shall also be the duty of any licensed manager present in the adult use-primary, to ensure that the illumination described above is maintained at all times that any patron is present in the adult use-primary.
(I) The exterior of the premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every parking area, driving lanes, sidewalks and an area 20 feet in front of all doors at an illumination of not less than one and one-half foot-candle as measured at the ground. It shall be the duty of the operator, and it shall also be the duty of any licensed manager present at the premises, to ensure that the illumination described above is maintained at all times that any patron is present at the premises.
(J) Hours of operation, open to patrons, are limited to between 8:00 a.m. and 12:30 a.m. of the subsequent calendar day on Sundays through Thursdays.
(K) Hours of operation, open to patrons, are limited to between 8:00 a.m. and 2:30 a.m. of the subsequent calendar day on Fridays and Saturdays.
(L) No patron shall remain on the premises, including parking and other exterior areas, more than 30 minutes after the close of hours of operation.
(M) The possession or use of a controlled substance as defined under M.S. Chapter 152, as it may be amended from time to time, is prohibited on the premises.
(N) The sale or consumption of intoxicating liquor or 3.2% malt liquor in violation of Chapter 111 is prohibited at the adult use-primary.
(O) Prostitution, solicitation, inducement or promotion of prostitution, or coercion of prostitution as defined under M.S. §§ 609.321 to 322 and 611A.80, as they may be amended from time to time, is prohibited on the premises.
(P) No person shall be in a state of nudity in any area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
(Q) Engaging in sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, masturbation, bestiality; direct physical stimulation of the male or female genitalia, pubic hair, perineum anal region or natal cleft or the female breast, whether clothed or unclothed; flagellation or torture in the context of a sexual relationship; use of human or animal ejaculation, or the use of excretory functions in the context of a sexual relationship; and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, pygmalionism, urolagia is prohibited on the premises.
(R) The licensee is responsible for maintaining the cleanliness and sanitary condition of the premises.
(Ord. 93, passed 11-18-2002) Penalty, see § 113.99