Skip to code content (skip section selection)
(A) The private or semi-private performance of adult live entertainment in areas commonly known as VIP rooms, VIP booths, or VIP areas presents opportunities for illegal activity such as, but not limited to, indecent exposure and solicitation for prostitution. The purpose of this section is to eliminate VIP adult live entertainment and to require all adult live entertainment to occur in a manner and location that freely permits management and a broad number of patrons to visually observe the entertainment so as to minimize the opportunities for adult live entertainment to lead to illegal activity. This section shall be interpreted and applied in light of this purpose.
(B) An adult live entertainment business, regardless of whether or not an adult establishment permit has been issued for the business under this article, shall be subject to the following:
(1) An application for an adult establishment permit for adult live entertainment shall be accompanied by a diagram of the premises specifying areas where adult live entertainment may occur. 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 some designated street or object and should be drawn to a designated scale 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 Chief of Police may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises and the areas where adult live entertainment may occur required to be designated in the diagram have not been altered since it was prepared.
(2) Areas where adult live entertainment may occur must:
(a) Adult live entertainment must not occur in any other area of the business establishment other than the area designated for such activity in the diagram required in division (B)(1); and
(b) Be accessible to all patrons without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee; and
(c) Not contain any areas visually screened, obstructed, or separated from the majority of the patrons located in that area, which patrons are present in that area without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee.
(3) No alteration in the configuration of the areas where adult live entertainment may occur designated in the diagram required by subsection (B)(1) of this section may be made without first obtaining an amendment to the permit by submitting and receiving approval of a new diagram.
(4) Adult live entertainment may occur only:
(a) In the presence of and visually observable by an employee who is not an adult live entertainer;
(b) In the presence of and visually observable by more than one patron;
(c) In an area that is shown on an approved diagram as an area where adult live entertainment may occur;
(d) In an area that is not visually screened, obstructed, or separated from the majority of the patrons located in that area, which patrons are present without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee;
(e) In an area that is accessible to all patrons without payment of any charge other than the charge, if any, for entry into the premises, such as a cover charge or membership fee;
(f) Subsections (B)(4)(d) and (B)(4)(e) of this section do not prohibit or limit charges to patrons by adult live entertainers or payment to, or the tipping of, such persons by the patrons; and
(g) Where there is a minimum separation of three feet between the performer and the patron.
(C) Patrons shall not be encouraged or allowed to engage in those specified sexual activities as defined in § 112.02 subsections (B) and (C) of Specified Sexual Activities above in any area where adult live entertainment occurs.
(D) It shall be the duty of the operator and any owner who is present on the premises to ensure that adult live entertainment is not performed in the presence of patrons in violation of subsections (B)(4) and (C) of this section. It shall be unlawful for any such operator or owner to knowingly fail to fulfill that duty.
(E) It shall be unlawful for an adult live entertainer to engage in or perform adult live entertainment in violation of subsections (B)(4) and (C) of this section.
(Ord. O-2006-07, passed 2-21-06) Penalty, see § 10.99(A)