The use of booths, rooms or cubicles in an adult business can, by reason or their design and intended use, facilitate the spread of sexually transmitted diseases (both fatal and non-fatal). Insofar as the county has a substantial government interest in protecting the public health, safety and welfare of its citizens and all persons within the county, the following standards have been propounded to eliminate the possibility of infection by contagious sexually transmitted diseases.
(A) All booths, rooms or cubicles for the private viewing of any adults-only items or movies shall comply with the following standards:
(1) They be totally accessible both to and from lighted aisles and public areas of the adult business;
(2) The bottom surfaces of any doors must measure at least 42 inches from the floor surfaces;
(3) No surfaces intended for seating may be located therein;
(4) No doors may be fitted with or obstructed by any lock mechanism or other control-type device;
(5) They must be separated from adjacent booths, rooms or cubicles and any non-public areas by a solid wall without any opening and extending from the floor to a height of at least six feet;
(6) They must be lit by light bulbs of at least 25 watts when the adult business is open for business; and
(7) All doors or openings must be sufficiently unobstructed such that an operator, employee or agent may determine the number of persons within any booth, room or cubicle.
(B) Only one person shall occupy a booth, room or cubicle at any time; and, at no time, shall the occupant therein engage in any type of sexual conduct resulting in the discharge of any bodily fluids while within a booth, room or cubicle.
(C) All wall and floor surfaces must be of a light-colored, non-absorbent, smooth texture that is easily cleaned.
(D) All public areas of an adult business must be lit by light bulbs of at least 60 watts when the adult business is open for business.
(1993 Code, § 76.04) (Ord. 99-03, passed 2-17-1999) Penalty, see § 76.99