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(A) A person who operates or causes to be operated an adult cabaret regardless of whether or not a permit has been issued to said business under this chapter, which features sexually oriented adult entertainment, shall comply with the following requirements:
(1) No entertainer shall be permitted to have any physical contact with any other entertainer, employee or customer on the premises during any performance and the portion of the adult cabaret in which sexually oriented adult entertainment is performed shall be on a stage or platform at least 18 inches above the immediate floor level and that is separated from all patron seating areas by at least six feet. No customer at an adult cabaret shall be permitted to have any physical contact with any entertainer or employee appearing in a state of semi- nudity during a performance. Physical contact includes touching the clothing as well as the touching of the person.
(2) A sign in lettering at least 3/4 inches high shall be conspicuously displayed in the public area of the business stating the following:
“THIS ADULT CABARET IS REGULATED BY THE VILLAGE OF MARBLEHEAD, OHIO. CUSTOMERS ARE NOT PERMITTED TO ENGAGE IN PHYSICAL CONTACT WITH ENTERTAINERS DURING THE COURSE OF A PERFORMANCE. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN PHYSICAL CONTACT WITH ANY OTHER ENTERTAINER, EMPLOYEE, OR CUSTOMER DURING A PERFORMANCE. AT ALL TIMES DURING THE PERFORMANCE, THE ENTERTAINER MUST MAINTAIN AT LEAST A SIX (6) FOOT BUFFER ZONE FROM ALL CUSTOMERS.”
(B) Any person who knowingly violates § 112.19(A)(1) commits a misdemeanor of the first degree. It is a defense to prosecution for any violation of division (A)(1) of this section that the physical contact was inadvertent or accidental in nature.
(Ord. 19, 2008, passed 1-22-2009)