(A) No employee on the premises of a sexually oriented business may engage in any specified criminal activity, specified sexual activities or excretory functions.
(B) Any employee appearing on the premises of a sexually oriented business, in a place that can be viewed by patrons, when said employee is in a state of nudity or semi-nudity must be on a stage that is at least 45 inches from the floor, and at a distance at least 72 inches from all parts of a clearly designated area in which patrons will be present, and no patron shall be permitted in any area closer than 72 inches from the stage.
(C) No employee appearing on the premises of a sexually oriented business in a state of nudity or semi-nudity may intentionally or knowingly touch a patron or a patron’s clothing or permit himself or herself to be touched by a patron or a patron’ s clothing. No employee may intentionally or knowingly touch specified anatomical areas of a patron either directly or through clothing or other covering. No employee may intentionally or knowingly permit a patron to touch specified anatomical areas of an employee either directly or through clothing or other covering. For purposes of this subsection, touching need not be accomplished by the hand, and includes the touching by any part of the toucher’s body, clothing or device held by the toucher.
(D) All sexually oriented businesses that offer live entertainment must provide separate dressing room facilities for female and male employees, and which shall not be occupied or used in any way by anyone other than employees.
(E) No person under the age of 18 years shall be permitted on the premises of a sexually oriented business. Mistake of age is not a defense to a charge under this section, unless the person under the age 18 who was permitted on the premises exhibited to the employee a driver’s license, or other apparently official government-issued identification card bearing the patron’s photograph, and purporting to show that the person was 18 years of age or over, and the employee to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under 18 years.
(F) No sexually oriented business shall remain open at any time between the hours of 12:00 a.m. and 7:00 a.m. on weekdays and Saturdays, and 12:00 a.m. and noon (12:00 p.m.) on Sundays, nor shall any entertainment, service, or product be provided to a patron on the premises of a sexually oriented business during those hours.
(G) A sexually oriented business shall meet the following standards for minimum lighting levels:
(1) The premises of every sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than 50 foot candles as measured at floor level.
(2) The illumination described in division (G)(1) of this section shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level is restored.
(H) No sexually oriented business shall be operated in any manner that permits the observation from outside the premises of any image, material or entertainment depicting or describing excretory functions, specified sexual activities or specified anatomical areas or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, window or any other means.
(Ord. 2014-5372, passed 12-16-2014) Penalty, see § 118.99