(a) No owner, operator, manager, employee or entertainer, nor any customer or patron, shall perform any specified sexual activities as defined in this chapter, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities, as defined in this chapter, or participate in any act of prostitution while on the premises of the adult establishment.
(b) 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, but that features sexually oriented adult entertainment, shall comply with the following requirements:
(1) No entertainer is 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 staged shall be on a stage or platform at least eighteen inches (18") above immediate floor level and that is separated from all patron seating areas at minimum six (6) feet.
A. No customer at an adult cabaret shall be permitted to have any physical contact with any entertainer or employee appearing in a state of nudity or semi-nudity during a performance.
B. “Physical Contact” includes touching the clothing, including shoes, gloves, etc., as well as touching the person.
(2) A sign in lettering at least three/quarter (3/4") inches high shall be conspicuously displayed to a reasonable person in the public area of the business stating the following:
MORAINE, OHIO, REGULATES THIS ADULT CABARET. 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 THE PERFORMANCE. AT ALL TIMES DURING THE PERFORMANCE, THE ENTERTAINER MUST MAINTAIN AT LEAST A SIX (6) FOOT BUFFER ZONE FROM ALL CUSTOMERS.
(c) Any person who knowingly violates Section 734.16 above commits a misdemeanor of the first degree. It is a defense to prosecution for any violation of this section that the physical contact was inadvertent or accidental in nature.
(Ord. 1543-04. Passed 8-26-04.)