(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)