§ 117.03 OPERATING REQUIREMENTS.
   (A)   Adult-oriented establishments shall be subject to all of the following requirements:
      (1)   Adult-oriented establishments shall be well-lighted whenever they are open for business. Overhead lighting in such establishments shall illuminate every area accessible to patrons at an intensity level of not less than one footcandle, as measured at the floor level.
      (2)   Adult-oriented establishments shall be physically arranged so that the entire interior of any booths, cubicles, stalls or rooms used for adult entertainment is clearly visible from the common areas of the premises. Visibility into such booths, cubicles, stalls or rooms shall not be blocked or obscured by doors, curtains, blinds or any other closure, obstruction or screen.
      (3)   Adult-oriented establishments shall have windows on each side of the establishment facing a public way. The area of such windows shall not be less than three square feet for every lineal foot of each side facing a public way. No window facing a public way may be covered or obscured to any extent, so that the interior is clearly visible through such windows at every point.
      (4)   Adult-oriented establishments shall be open to inspection by one or more inspectors, without advance notice, whenever they are open for business and at any other reasonable time. Every room and every area of the establishment shall be subject to inspection.
      (5)   No adult-oriented establishment may be operated on a lot that is less than 500 feet from any church, school, child-care facility, park, or from the nearest boundary of any residential district.
      (6)   No adult-oriented establishment may be operated on a lot that is less than 1,000 feet from an existing adult-oriented establishment.
   (B)   The following conduct is expressly prohibited in adult-oriented establishments:
      (1)   No minor shall be admitted to or remain upon any part of an adult-oriented establishment, including parking lots and other exterior areas.
      (2)   No entertainer in an adult-oriented establishment, while performing or entertaining, shall come within five feet of any patron or receive any tips or other gift or remuneration directly from any patron. If the establishment uses a stage for entertainment, all entertainers shall remain on the stage and all patrons shall remain off the stage during such entertainment.
      (3)   No entertainer or employee or any other person in an adult-oriented establishment shall engage in any proscribed sexual activity defined in § 117.02.
   (C)   Every adult-oriented establishment already in operation in the town on the effective date of this chapter shall comply with all of its requirements and provisions except the location and window requirements of § 117.03(A)(3), (5) and (6) above; provided, however, that any existing windows facing a public way in such establishments shall not be removed, reduced in size, or covered or obscured to any extent.
   (D)   Responsibilities of operators and employees:
      (1)   The operator of an adult-oriented establishment has an affirmative duty to ensure full compliance with all of the operating requirements stated in § 117.03(A) above and all of the specific prohibitions stated in § 117.03(B) above.
      (2)   Each employee of an adult-oriented establishment has an affirmative duty to ensure full compliance with all of the specific prohibitions stated in § 117.03(B) above.
      (3)   The affirmative duties of operators and employees prescribed by this section is not limited by the provisions of any employment or other contract.
(Ord. passed 4-20-98)