(A) An employee of an adult cabaret, while appearing in a state of nudity, commits an offense if he/she touches a customer or the clothing of a customer.
(B) A customer at an adult cabaret commits an offense if the customer touches an employee appearing in a state of nudity or the clothing of an employee appearing in a state of nudity.
(C) Each adult cabaret shall have a manager's station, which shall not exceed 32 square feet of floor area. A licensee, operator or employee commits an offense if the licensee permits any customer access to an area of the premises not visible from the manager's station without entering a private, exclusive, closed, curtained, or otherwise screened area, excluding restrooms. The view required in this division shall be by direct line of sight. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by utilizing flashlights or spotlights in addition to overhead house lighting.
(D) A licensee, operator or employee commits an offense if the licensee, operator or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of the adult cabaret premises that can be viewed from a public right-of-way.
(E) A person commits an offense if the person employs at an adult cabaret any person under the age of 18 years.
(F) An employee of an adult cabaret must attend training given by the licensee concerning the requirements of this chapter as they pertain to adult cabarets, including, but not limited to, §§ 112.23, 112.25, 112.26, 112.40, 112.46, 112.47, 112.48, 112.49, 112.50 and 112.99 before the employee receives any compensation for the employee's services. The licensee shall provide this training to all employees at the beginning of the employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this division. These records shall include a signed and dated statement from each employee verifying the employee's attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.
(G) A licensee shall designate and appoint one or more individuals to manage, direct and control the premises and operations of the adult cabaret. At least one person so appointed shall be on the premises at any time the adult cabaret is occupied by a customer(s) or open for business. A manager or a person appointed under this division shall have the duty to remain in the manager's station at all times the adult cabaret is occupied by a customer(s).
(H) An operator or a person appointed under division (G) above shall at all times have the duty to ensure that each employee in the adult cabaret has received the training required by division (F) above and each employee is instructed to commit no act which would constitute a violation of this chapter or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this chapter.
(I) No employee of an adult cabaret may appear in an area of the business visible to customers unless the employee completely and opaquely covers his or her genitals, pubic region, and pubic hair; anus; and, if female, her areola.
(J) No licensee, owner, operator, or manager of an adult cabaret shall permit an employee to violate division (I).
(K) A licensee, operator, or employee commits an offense if the licensee, operator, or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity, in an adult cabaret, unless the person is an employee who, while in a state of nudity, is on a stage (on which no patron or customer is present) that is at least 18 inches above the floor, and that is at least six feet from any customer.
(L) It is an offense for an employee, while in a state of nudity in an adult cabaret, to solicit any pay or gratuity from any customer or to receive directly any pay or gratuity from any customer, or for any customer to pay or give any gratuity directly to any employee, while that employee is in a state of nudity in an adult cabaret. Such gratuity or pay may be provided to such an employee through a tip receptacle, located more than six feet from the nearest point of the performance stage where the employee is in a state of nudity, or may be paid to an employee that is not in a state of nudity, as part of the customer's bill.
(M) (1) A licensee or operator commits an offense if the licensee or operator fails to display a sign on the interior of the premises notifying customers and employees of the prohibitions described in this section. The sign must be prominently and continuously displayed where customers enter the premises, and immediately adjacent to each performance stage, and must state in letters at least two inches high:
TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY IS A CRIME (MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $2,000. CUSTOMERS SHALL REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES.
(2) The Director of Public Safety may also require, at the time of issuance or renewal of the license, the licensee to display the sign in a language other than English if he or she determines that a substantial portion of the expected customers speak the other language as their familiar language. Upon notification, a licensee commits an offense if the sign does not contain this language in the required language, in addition to English.
(N) A licensee or operator commits an offense if the licensee or operator fails to prominently and continuously display a glow-in-the-dark line on the floor of the adult cabaret, at least two inches wide, marking a distance of six feet from each performance stage on which an employee in a state of nudity may appear in accordance with divisions (K) and (L).
('78 Code, § 2.5-41) (Ord. 969, passed 8-9-93; Am. Ord. 1486, passed 7-12-04; Am. Ord. 1597, passed 10-23-06) Penalty, see § 112.99