(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)