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(A) No licensee of a sexually oriented business shall allow any semi-nude employee or the merchandise or activities of the sexually oriented business (except the parking, traffic, and pedestrian access activities of patrons) to be visible from any place outside the structure in which the sexually oriented business is situated. The licensee shall not permit any patron or patrons or other person to stand, congregate, loiter, or to gather in groups upon the exterior premises of the sexually oriented business or allow the vehicular parking and traffic areas and the pedestrian access areas to be used for any purpose except movement of traffic, parking of motor vehicles and access of patrons and other persons to and from the sexually oriented business establishment.
(B) No licensee of a sexually oriented business shall allow the exterior portion of the sexually oriented business to have flashing lights, search lights, spot lights, photographs, silhouettes, drawings or pictorial representations in any manner. No exterior portion of the establishment shall be painted any color other than an achromatic color, although this subparagraph does not require the painting of an otherwise unpainted exterior portion of a sexually oriented business. EXTERIOR PORTION shall mean any part of the physical structure of an establishment, including a wall, veneer, door, fence, roof, roof covering, window, or similar item which is visible from the public right-of-way or from any property adjoining the premises of the sexually oriented business or from any location off of the premises of the sexually oriented business. CHROMATIC means colorless, zero in saturation, or lacking in hue; for purposes of this subsection, the definition of ACHROMATIC shall include, without limitation, white, black, grays, tans, and light earth tones, but any bold, vivid, neon, fluorescent, or extremely bright coloration that attracts attention shall be excluded from the definition of achromatic.
(C) Notwithstanding any other City ordinance, Code, or regulation to the contrary, no operator of a sexually oriented business, no sexually oriented business nor any other person shall erect, construct, or maintain any sign for a sexually oriented business except one freestanding on-premises sign and one wall-flush mount on-premises sign, each of which shall comply with the provisions of this § 117.20 and § 117.21. The display surface of each sign shall:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular or square in shape;
(3) not contain any photographs, silhouette, drawing or pictorial representation in any manner.
(4) each letter forming a word shall be of solid color and each letter shall be of the same print type, size and color; the background behind such lettering on the display surface shall be of a uniform and solid color.
(D) No licensee shall advertise the presentation or occurrence of an act or availability of any service prohibited by this Chapter 117.
(Prior Code, Art. 11, § 11.15.20)
(A) The number of signs and the size of each sign shall be as provided within Chapter 161, § 161.245, Schedule of District of Sign Regulations relating to the I-1, Light Industrial Zoning District. No sign shall be a flashing sign, moving sign or constant motion sign. No off-premises sign shall be permitted for any sexually oriented business as all signage for a sexually oriented business within the zoning jurisdiction of the City shall be on the premises of the sexually oriented business; in addition, the sexually oriented business premises shall not be a location for an off-premises sign for any other sexually oriented business.
(Prior Code, Art. 11, § 11.15.21)
(A) Off-street parking for sexually oriented businesses shall be provided as follows:
(1) Adult store: one space per 300 square feet of gross floor area, excluding viewing rooms and one space per viewing room.
(2) Adult cabaret: one space for each table or booth or three seats at counter or bar.
(3) Adult motel: one space per guest sleeping room.
(4) Adult theater: one space for each six seats of designated capacity.
(5) Semi-nude studio, Sexual encounter center, Escort agency: one space per 300 square feet of gross floor area.
(B) (1) All off-street parking areas and entrances to the premises of a sexually oriented business shall be illuminated from dusk to closing hours of operation (including grace periods) with a lighting system which provides an average maintained horizontal illumination of 5 foot candles of light on the surface of the parking areas and walkways. Illumination of the remaining external surface areas of the sexually oriented business shall be an average maintained horizontal illumination of not less than 2 foot candles of light or greater than 5 foot candles of light.
(2) This required lighting level is established in order to provide sufficient illumination to the parking areas and walkway areas serving the sexually oriented business for the personal safety of the patrons and employees of the sexually oriented business and to reduce the incidents of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises submitted with the application for license.
(C) All lighting shall be shielded and arranged so that illumination is directed toward the surface areas of the licensed premises and not onto adjoining properties or into the skyward area above the licensed premises or the skyward area of a property adjoining the licensed premises, so that light trespass onto adjoining properties and light pollution (sky glow and/or glare) will be minimized. No light fixture shall be mounted or placed higher than 25 feet from the ground surface. Illumination from the sexually oriented business shall not exceed 1 foot candle 10 feet from the property boundary line on any property adjoining the premises of the sexually oriented business.
(D) All parking areas and the exterior of the sexually oriented business shall be inspected at least once each day and all trash, debris, or other items discarded by patrons or other persons shall be removed from the premises or placed into closed trash receptacles, which receptacles shall be emptied at least weekly or when three-quarters full, whichever is most frequent. All trash, waste and garbage shall be removed from the premises at least once each week by a garbage or trash service or other lawful means.
(Prior Code, Art. 11, § 11.15.22)
(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this ordinance.
(B) No person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, shall rent or sub-rent a sleeping room to a person and, within ten hours from the time the room is rented, rent or sub-rent the same sleeping room again.
(C) For purposes of subsection (B) of this section, the terms RENT or SUB-RENT means the act of permitting a room to be occupied for any form of consideration.
(D) Notwithstanding the provision of any other building or applicable code, the sleeping room shall not have less than 150 square feet of floor space.
(E) An adult motel shall not provide closed circuit television transmissions, films, motion pictures, video cassette slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specific anatomical areas” within any room or area, except within a sleeping room.
(F) The licensee of an adult motel shall insure that each sleeping room and accessory room are clean and sanitary. Such duty shall be fulfilled if the licensee:
(1) maintains a regular cleaning schedule of at least one cleaning per rental of the room, documented by appropriate logs;
(2) all garbage, trash, body fluids, and excrement discovered during each inspection and cleaning are immediately removed and all areas where same are present are cleaned with a disinfectant;
(3) all solid waste and debris generated within a room are removed from the room each time that a room is cleaned and placed in closed trash receptacles and all waste, debris and garbage generated by the adult motel is removed from the premises of the adult motel at least once each week by a garbage or trash service or other lawful means;
(4) not less often than once each week the entire room shall be cleaned with a disinfectant, including at least the floors, all walls within 48-inches of the floor, and all surface areas of any furniture, fixtures or appliances; and
(5) all linen, including but not limited to towels, sheets and other similar non-disposal personal hygiene items shall be changed and removed with each rental of a sleeping room and shall be laundered with soap or other disinfectant prior to re-use.
(G) Neither the business licensee nor any employee of an adult motel shall be nude or semi-nude when upon the premises of the sexually oriented business except within the sleeping room or other room occupied as the private personal room of same when no patron is present or during the bona fide use by same of a single sex restroom for its intended purpose. No patron shall be nude or semi-nude when a business licensee or any employee of the adult motel is present. No live entertainment shall be provided by a licensee within any room rented to or occupied by a patron nor within any room or other area upon the premises of an adult motel.
(Prior Code, Art. 11, § 11.15.23)
(A) No sexually oriented business, except an adult store shall exhibit on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas.
(B) An adult store having one or more viewing rooms on the premises shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, specifying the location of each viewing room, and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate 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; however, each diagram should be oriented to the north or to some designated street or object and shall be drawn to a designated scale or 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 (6”) inches. The City shall waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The above-described diagram shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station or a viewing room shall be made without the prior approval of the City.
(4) The licensee of the premises shall ensure that at least one licensed employee is on duty for each manager’s station and situated in each manager’s station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner 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. Each viewing room shall have one side completely open, with the open side being of the same width and height as the directly opposite wall of the viewing room. A viewing room shall have no other means or point of access except the open side. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premise shall be configured in such a manner 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 subsection must be by direct line of sight from the manager’s station.
(6) The licensee shall ensure that at all times the view area specified in subsection (B)(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, benches, chairs, or other materials or in any manner.
(7) Each viewing room must be illuminated at all times in the manner described within subparagraph (B)(8) below; no person shall enter or remain in any viewing room which is not illuminated.
(8) Each viewing room and the entire premises of the sexually oriented business 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 five (5.0) foot-candles as measured at the floor level. The lighting control or switch shall be inaccessible to any patron or other person except the licensee or an employee of the sexually oriented business.
(9) The licensee and each employee present on the premises shall ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) No licensee or employee present on the premises shall allow openings of any kind to exist between viewing rooms or between a viewing room and any restroom or other adjoining room or to exist in any wall of a viewing room.
(11) No person shall make or attempt to make an opening of any kind between viewing rooms or other adjoining rooms.
(12) No door, curtain, or other covering or obstruction shall be attached, situated, or installed on any viewing room which obstructs or may obstruct the direct line of sight, in whole or in part, into the viewing room or any part thereof from the manager’s station. No person (including a patron) shall obstruct the direct line of sight into the viewing room with any curtain, covering, or other article or item or in any manner.
(13) The licensee or an employee shall, during each business day, at hourly intervals inspect the walls within each viewing rooms to determine if any openings or holes exist.
(14) The licensee shall cause all floor coverings in viewing rooms to be nonporous, easily cleanable surfaces, with no rugs or carpeting. The licensee shall cause all wall surfaces and ceiling surfaces in viewing rooms to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used as the exterior surface within a viewing room within 48 inches of the floor.
(15) The licensee shall cause all walls of a viewing room to be constructed of material not readily susceptible to breach or any opening without the aid of a drill, saw or similar device or tool.
(16) The licensee and each employee present on the premises shall ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (B)(1) of this Section.
(17) The licensee and each employee present on the premises shall ensure that no specified sexual activity occurs in or on the licensed premises.
(18) The licensee and each employee present on the premises shall ensure that not more than one person is present in a viewing room at any time. No person (including an employee) shall enter a viewing room that is occupied by another person.
(19) A licensee or employee who discovers two or more patrons or other persons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms shall immediately escort such persons from the premises.
(20) (1) A licensee or employee who discovers an opening of any kind in a wall of a viewing room shall immediately upon discovery secure such room and prevent entry into the room by any patron until such time as the wall has been repaired to remove the opening.
(2) Repair of any opening in a viewing room shall be in a manner that is as structurally substantial as the original construction.
(21) The licensee shall post a conspicuous sign at each entrance within the interior of the sexually oriented business and within each viewing room, which sign shall state all of the following:
(a) That no loitering is permitted in viewing rooms.
(b) That the occupancy of viewing rooms is limited to one person.
(c) That the open side of a viewing is not permitted to be blocked or obstructed by any covering or article.
(d) That any specified sexual activity on the premises is prohibited.
(e) That the making of openings between viewing rooms or any wall of a viewing room is prohibited.
(f) That violators will be required to leave the premises; repeat violators will be permanently barred from the premises.
(g) That violations of Subparagraphs (B)(21)(b), (B)(21)(c), (B)(21)(d), and (B)(21)(e) of this paragraph are unlawful.
(22) The licensee shall ensure that all seating surfaces in viewing rooms are constructed of or permanently covered by nonporous easily cleanable material.
(23) The licensee shall ensure that each viewing room is clean and sanitary. Such duty shall be fulfilled if the licensee complies with the following cleaning procedures:
(a) The licensee shall maintain a regular cleaning schedule of at least one thorough cleaning per day, documented by appropriate logs.
(b) The licensee shall direct and require an employee to inspect at hourly intervals each viewing room for garbage, trash, body fluids and excrement and to immediately upon discovery remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least once each week. Prior to collection, solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.
(c) Thorough cleaning of the entire interior of a viewing room (except that portion four feet above the floor surface and the ceiling) shall be done using a disinfectant. Cleaning shall include floors, walls, seating, monitors, video cameras, and windows and other surfaces.
(24) A person having a duty or required to perform an act under subsection (B)(1) through (B)(23) above commits a violation if he knowingly fails to perform the act or fails to fulfill that duty.
(C) No sexually oriented business, except an adult store, shall have a viewing room as defined within § 117.02. No viewing room shall exhibit a live performance. No adult store shall exhibit any film, videocassette, or other video reproduction, except within a viewing room.
(Prior Code, Art. 11, § 11.15.24)
(A) Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
(B) Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times. Excluding any public entrance(s) from the exterior of the sexually oriented business, each adult theater shall have its door or entryway or point of access constructed of such material and in such manner that not less than fifty percent of its door or entryway or point of access permits unobstructed visibility into adjoining areas from outside the door or entryway.
(C) Each adult theater shall have a sign posted at a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons that may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area.
(D) Each adult theater shall have an attendant on duty within each theater at all times that a theater is occupied by one or more patrons. No attendant, licensee, nor any other employee nor any patron upon the premises of an adult theater shall be nude or semi-nude, except as provided within § 117.26(C).
(E) (1) Each theater shall be inspected at the conclusion of each film or performance or every five hours, whichever occurs more often, and any area of seating, aisle or floor where any semen, body fluid or other foreign substance is discovered shall be cleaned with a disinfectant and all debris or items discarded by patrons shall be removed from the theater and placed in a closed trash receptacle; provided all chairs or seats, aisles and floors shall in all events be disinfected at least one time daily.
(2) All debris and trash shall be removed from the premises at least once each week by a garbage or trash service or other lawful means.
(Prior Code, Art. 11, § 11.15.25)
(A) No person shall knowingly within any area where a patron is permitted access or within any area visible to a patron within or upon a sexually oriented business premises, appear nude or in a state of nudity regardless of whether such nudity is expressive in nature. This subparagraph shall not be construed to apply to a person engaged in the bona fide use of a single sex restroom for its intended purpose or to an occupant(s), not otherwise visible to the public, within a room of an adult motel rented by one or more of the occupants when no licensee or employee of the sexually oriented business is present.
(B) No person shall, knowingly in a sexually oriented business engage in specified sexual activity, provided that this subparagraph (B) shall not apply to nor prohibit the erotic movements or the erotic touching of one’s own genitals, pubic area, buttocks, anus, or breasts by a dancer or performer during the course of a live performance.
(C) (1) Except as otherwise provided within this Chapter 117, no person shall knowingly within any area where a patron is permitted access or within any area visible to a patron within or upon a sexually oriented business premises appear semi-nude unless the person is an employee who, while semi-nude:
(a) shall be at least 4 feet from any patron or customer; and
(b) shall be on a permanent, securely fastened raised stage at least 2 feet above the floor; and
(c) shall be within the interior of the structure of the sexually oriented business.
(2) (a) This provision requires that the outer edge of the entire stage shall be at least 4 feet from any patron or patron seating; said 4 foot distance shall be clearly designated by a rail, by floor markings or by the seating and table arrangement; and, in addition, the licensee shall post clearly visible signs upon the stage, visible from all areas of patron seating near the stage, informing patrons of the 4 foot requirement.
(b) No patron shall knowingly enter upon any stage occupied by a semi-nude employee nor enter within 4 feet of the edge of the stage occupied by a semi-nude employee nor otherwise enter or remain at a distance within 4 feet or less from any semi-nude employee within a sexually oriented business. If any body part of either the semi-nude employee or the patron or customer is within a distance of 4 feet, same shall be considered to be an entry into the 4 foot prohibited area. This subparagraph shall not be construed to apply to a person engaged in the bona fide use of a single sex restroom for its intended purpose or to an occupant(s), not otherwise visible to the public, within a room of an adult motel rented by one or more of the occupants when no licensee or employee of the sexually oriented business is present.
(D) No employee, while semi-nude in a sexually oriented business, shall receive any pay or gratuity from any patron or customer, nor shall any patron or customer pay or give any gratuity to any employee while said employee is semi-nude in a sexually oriented business; except, however, that tips or gratuities for dancers or performers while semi-nude may be paid or given if placed in a designated receptacle(s) within the premises not located on the dancing or performing stage and not located in violation of the distance requirement stated within subparagraph (C) above.
(E) No employee, while semi-nude, shall knowingly touch in any manner a patron or customer or the clothing of a patron or customer, nor shall any patron or customer knowingly touch in any manner an employee or the clothing of any employee while said employee is semi-nude in a sexually oriented business.
(F) No licensee or any employee upon the premises shall knowingly permit or allow any person upon the licensed premises to engage in or participate in any conduct which violates any provision of this § 117.26(A), (B), (C), (D), or (E).
(G) A sign stating the provisions of paragraph (A), (B), (C), (D), and (E) above shall be posted near each entrance of the sexually oriented business in such a manner as to be clearly visible to all patrons, employees, or other persons upon entering the sexually oriented business.
(H) Except as provided within § 117.24(B)(8) and subsection (K) below, the interior premises of each sexually oriented business, except the sleeping room of an adult motel, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than two (2) foot candles as measured at the floor level. The licensee and any employee present on the premises shall insure that the illumination described above is maintained at all times that the premises is occupied by patrons or is open for business. The lighting control or switch shall be inaccessible to any patron or other person except the licensee or an employee of the sexually oriented business.
(I) No business licensee nor any employee present on the premises shall knowingly permit any patron access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to § 117.07. Each such area where patrons are not permitted access shall be marked by an appropriate sign denying access. No patron shall enter or attempt to enter or remain in any area of the sexually oriented business which has been designated by a sign as an area in which patrons are not permitted.
(J) Except for a viewing room within an adult store or a sleeping room and its accessory room within an adult motel, no sexually oriented business shall have a private room or an individual room or a personal room for use by any patron; moreover, except within an adult motel, no area upon the same floor level within a building of a sexually oriented business where patrons are permitted access, excluding restrooms, shall be separated from other areas where patrons are permitted access by any door, curtain, obstruction, or other barrier which blocks entry or access or which blocks visibility into said area; and no area within a structure of a sexually oriented business where patrons are permitted access but which is situated upon another floor level or within another building shall be separated by any locked door or other inaccessible barrier which blocks entry or access into said area and any such area shall have its door, entryway, or point of access constructed of such material and in such manner that not less than fifty percent of its door or entryway or point of access permits unobstructed visibility into adjoining areas from outside the door or entryway. Except for a sleeping room in an adult motel, no door or passageway or point of access or means of entry or access to any area within any sexually oriented business where patrons are permitted access shall have any lock or be capable of being barricaded or otherwise obstructed from other areas where patrons are permitted access; provided the public entrances on the exterior of a sexually oriented business may have a lock, although said public entrances shall remain unlocked at any time that a patron is upon the premises. Nothing herein shall prohibit a conference room, party room, or similar group facility upon the premises of a cabaret for which patron access is restricted by an attendant provided such room or facility meets all of the requirements of this Chapter 117.
(K) All restrooms in a sexually oriented business shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. Not less often than daily, restrooms shall be inspected by the sexually oriented business and cleaned with disinfectant, and any item discarded by a patron and other wastes shall be removed and each trash receptacle emptied. The interior of each restroom shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place within the restroom at an illumination of not less than fifteen (15) foot candles as measured at the floor level. It shall be the duty of the licensee and of any employee present on the premises to insure that the illumination described herein is maintained at all times that the sexually oriented business premises is occupied by patrons or open for business; the lighting control or switch shall be inaccessible to any patron or other person except the licensee or an employee of the sexually oriented business. No live performance nor any printed matter or video reproductions or similar materials characterized by or depicting or describing of “specified sexual activities” or “specified anatomical area” shall be provided, allowed or present at any time in the restrooms of the sexually oriented business. Separate male and female restrooms shall be provided for and used by the patrons and employees of the sexually oriented business. No female person shall use a restroom designated for a male person and no male person shall use a restroom designated for a female person. No restroom shall be used as a dressing room for any employee. The interior of each restroom shall not be visible to any person except from within the interior of the restroom.
(L) Separate male and female dressing rooms shall be provided for exclusive use by employees of the sexually oriented business and no patron shall be permitted or allowed access to said dressing rooms; nor shall the interior of the dressing room be visible to any person except from within the interior of the dressing room. No person, except the licensee or an employee of the sexually oriented business shall enter into any dressing room or other room provided for the exclusive benefit and use of an employee of a sexually oriented business; provided that this subparagraph shall not apply to an employee of another business solely on the sexually oriented business premises to deliver goods or materials, foods and beverages, or to perform maintenance or repairs to the premises, provided, however, that any such person shall remain in such areas only for the purpose and to the extent and time necessary to perform their job duties.
(M) The failure of a licensee to erect or maintain any sign or the failure of the sign to be visible shall not excuse any patron or other person from compliance with any provision of this Chapter 117 nor shall same be a defense to any action against any patron or other person under § 117.31.
(Prior Code, Art. 11, § 11.15.26)
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