(A) A person who operates or causes to be operated an adult entertainment establishment, other than an adult motel, which exhibits on the premises, in a viewing room, a film, photograph, picture, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall also comply with the following requirements:
(1) An application for an adult entertainment establishment license 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 customers 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 Director of Public Safety may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the previously submitted diagram 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 the prior approval of the Director of Public Safety.
(4) An operator or manager shall have a duty to remain in the manager's station(s) at all times a customer is present on 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 customer is permitted access for any purpose, excluding restrooms. If the premises has two or more manager's 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 customer is permitted access for any purpose from at least one of the manager's stations. The view required in this division must be by direct line of sight from the manager's station.
(6) The licensee commits an offense if the licensee permits customer access to any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms.
(7) The licensee, operator and any agents and employees present on the premises shall ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises, and that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to division (A)(1) above.
(8) The licensee commits an offense if the licensee permits illumination of any area of the premises to which customers have access to be less than five footcandles as measured at the floor level.
(9) No viewing room or booth of less than 150 square feet may be occupied by more than one person at any time.
(10) No licensee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths.
(11) No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms or booths.
(12) The licensee or operator shall, during each business day, regularly inspect the walls of all viewing rooms or booths to determine if any openings or holes exist.
(13) The walls of any viewing room or booth of less than 150 square feet shall be no more than 48 inches tall. At least one wall of any viewing room or booth shall be visible in a direct unobstructed line of sight from the manager's station. Each wall or door of any viewing room or booth shall be constructed of clear transparent glass, plastic or substantially equivalent materials that allow an unobstructed view of the entire interior of the viewing room or booth.
(14) Live entertainment is prohibited in any viewing room or booth of less than 500 square feet of floor space, as well as any other room adjacent to or visible from any such viewing room or booth.
(15) The licensee or operator commits an offense if the licensee or operator knowingly allows a person to appear in a state of nudity in, on or about the premises of an adult entertainment establishment, other than an adult motel, which exhibits on the premises in a viewing room of less than 500 square feet of floor space, a film, photograph, picture, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.
(16) A person commits an offense if the person knowingly appears in a state of nudity in or on the premises of an adult entertainment establishment, other than an adult motel, which exhibits on the premises in a viewing room of less than 500 square feet of floor space, a film, photograph, picture, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.
(17) It is a defense to prosecution under divisions (A)(15) and (A)(16) above if the person was in a restroom not open to public view or persons of the opposite sex.
(B) A person having a duty under divisions (A)(1) through (A)(17) above commits a misdemeanor if he knowingly fails to fulfill that duty.
(C) An employee of an adult entertainment establishment that exhibits sexually explicit films, photographs, pictures or videos must attend training given by the licensee concerning the requirements of this chapter as they pertain to such a business, including, but not limited to, §§ 112.23, 112.25, 112.26, 112.43, 112.44, 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.
(D) A licensee shall designate and appoint one or more individuals to manage, direct and control the premises and operations of the adult entertainment establishment as described in this section. At least one person so appointed shall be on the premises at any time the adult entertainment establishment as described in this section is open.
(E) An operator or a person appointed under division (D) above shall at all times have the duty to ensure that each employee in the adult entertainment establishment as described in this section has received the training required by division (C) 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.
('78 Code, § 2.5-45) (Ord. 969, passed 8-9-93; Am. Ord. 1486, passed 7-12-04; Am. Ord. 1597, passed 10-23-06) Penalty, see § 112.99