(A) A person who wishes to operate an adult theater which exhibits in a viewing room less than 400 square feet of floor space, a film or video display which depicts specified sexual activities or sexual nudity, shall first comply with the following requirements.
(1) The person's application for a sexually oriented business license shall be accompanied by a diagram of the premises that specifies the location of one or more manager's stations and the location of all overhead renting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also depict the place at which the license 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 (unless required by any other city ordinance or by state requirements); however, the diagram should include an arrow showing the north direction, and dimensions sufficient to show all interior areas of the premises to an accuracy of plus or minus six inches. For renewal applications, the applicant may adopt a diagram that was previously submitted if the applicant certifies that the premises have not been altered since the diagram was prepared.
(2) No alteration in the configuration or location of a manager's station may be made without an amendment to a license approved by the City Council.
(3) It is the duty of the owner and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(4) The interior of the premises shall be configured in a manner so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video display equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in a manner so that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this division (A)(4) must be by direct line of sight from the manager's station.
(5) It shall be the duty of the owners, operator, any agents and employees present on the premises to ensure that the view area specified in division (A)(4) above remains unobstructed by any doors, walls, merchandise, display racks or other materials .
(6) The premises 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 one footcandle, as measured at the floor level.
(7) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described in this division is maintained at all times that any patron is present on the premises.
(B) A person having a duty under divisions (A)(1) through (7) above commits an offense if the person knowingly fails to fulfill that duty.
(Ord. passed 5-4-2004) Penalty, see § 10.99