(A) Location. Sexually-oriented businesses shall be located only in accordance with the following:
(1) At least 1,000 feet from any residential use, church, day-care center, retirement center, nursing care facility, hospital, public or private elementary or secondary education school, public park, public library, cemetery, or family-oriented recreation facility, including, but not limited to, a public swimming pool, a roller skating rink, or a motion picture establishment which shows G-rated or PG-rated movies to the general public on a regular basis, regardless of jurisdiction;
(2) At least 1,000 feet from any other sexually-oriented business, regardless of jurisdiction. Each sexually-oriented business is considered a separate business regardless of ownership; and
(3) Measurements of distance separation shall be in a straight line from the closest points of the buildings or outdoor areas in which the sexually-oriented business activity takes place to either:
(a) The closest point of the building in which the residential use, public library, motion picture establishment, or other sexually-oriented business is located; or
(b) The closest point of the property line of a church, day-care center, public or private elementary or secondary education school, public park, or cemetery.
(B) Signage and exterior decoration/design.
(1) It shall be unlawful for the owner or operator of any sexually-oriented business or any other person to erect, construct, or maintain any sign other than as provided herein.
(2) Signs and exterior decoration/design shall contain no photographs, silhouettes, drawings, titles, graphic or pictorial representations in any manner of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
(3) Each sexually-oriented business must display at least 1 sign, easily discernible prior to entering the establishment, which identifies it as such by using the word adult (for example, adult bookstore, adult cabaret, adult entertainment, and the like).
(C) Inspections.
(1) Representatives of the Sheriff's Department or other County Code Departments of Agencies shall be allowed to inspect the premises of a sexually-oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(2) Sexually-oriented businesses shall submit to the Sheriff’s Department a site plan drawn to a designated scale or drawn with marked dimensions. The site plan need not be professionally prepared, but must be drawn to an accuracy of plus or minus 6 inches. The site plan must include information and exhibits as deemed necessary by the Sheriff in order to determine that the proposed use complies with this chapter and to facilitate any inspections. No alteration to the interior configuration of the site may be made without the prior approval of the Sheriff or his or her designee. All site plans and revised site plans submitted to the Sheriff's Department shall include a $25 processing fee.
(3) All existing sexually-oriented businesses must provide a site plan and processing fee within 3 months of the enactment of this chapter.
(D) No fondling or caressing. Live entertainment presented by some sexually-oriented businesses involves a considerable amount of bodily contact between patrons and semi-nude and nude employees and dancers, including physical contact, such as hugging, kissing, and sexual fondling of employees and patrons. Many sexually-oriented businesses have couch or straddle dancing, and in these dances, employees sometimes do those things as sit in a patron's lap, place their breasts against the patron's face while physical contact is maintained, and gyrate in such a manner as to simulate sexual intercourse. This behavior can lead to prostitution. Newberry County Council recognizes that preventing prostitution and the spread of sexually-transmitted diseases are clearly within its police powers: Southeastern Promotions. Inc. v. Conrad, 341 F.Supp. 465, 477 (E.D. Tenn. 1972), rev'd on other grounds, 420 U.S. 546 (1975). Newberry County Council believes that prohibiting physical contact between performers and patrons at a sexually-oriented business establishment is a reasonable and effective means of addressing these legitimate governmental interests. It is a misdemeanor for any nude or semi-nude employee or dancer to fondle or caress any patron, and it is a misdemeanor for a patron to fondle or caress any nude or semi-nude employee or dancer.
(E) Six-foot distance rule. No nude or semi-nude employee or dancer shall perform live entertainment within 6 feet of any patron, nor shall any patron experience live entertainment within 6 feet of any nude or semi-nude employee or dancer, in a sexually-oriented business. Sexually-oriented businesses with live entertainment shall conspicuously post a sign that advises patrons that they must be at least 6 feet away from nude or semi-nude employees and nude or semi-nude dancers at all times.
(F) Restrictions on giving gratuities to nude or semi-nude dancers or nude or semi-nude employees. No patron shall personally pay or personally give a gratuity to any nude or semi-nude dancer, or nude or semi-nude employee of a sexually-oriented business establishment. Gratuities can be placed in containers at a location away from the dancers, or handed to clothed employees. In the alternative, sexually-oriented businesses could charge a cover charge and prohibit all gratuities. No nude or semi-nude dancer, or nude or semi-nude employee, of a sexually-oriented business shall solicit or accept any pay or gratuity personally from a patron. Sexually-oriented businesses with nude or semi-nude dancers, or nude or semi-nude employees shall conspicuously post a sign that advises patrons that gratuities to be paid personally to nude or semi-nude dancers, and nude or semi-nude employees, are prohibited.
(G) Interior configuration. A person who operates or causes to be operated a sexually-oriented business, as defined in this chapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, videocassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas or which allows specified sexual activities to occur in a separate room in the establishment shall comply with the following requirements.
(1) The site plan shall specify the location of 1 or more manager's stations 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 32 square feet of floor area.
(2) It is the duty of the owners and operator of the premises to ensure that at least 1 employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(3) 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. Restrooms may not contain video reproduction equipment. If the premises has 2 or more manager's stations designated, then the interior of the premises 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 1 of the manager's stations. The view required in this division (G) must be by direct line of sight from the manager's station.
(4) It shall be the duty of the owners and operator, and also the duty of any agents and employees present in the premises, to ensure that the view area specified in division (G)(3) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to 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 site plan filed pursuant to division (G)(1) above.
(5) No viewing room, nor any room or enclosed area that cannot be viewed from the manager's station, may be occupied by more than 1 person at any time.
(6) The premises 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 1 candle foot as measured at the floor level.
(7) It shall be the duty of the owners and operator, and also the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(8) A person having a duty under divisions (G)(1) through (G)(7) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(H) Hours of operation. No sexually-oriented business shall open to do business before 10:00 a.m. any Monday through Saturday or remain open after 12:00 a.m. midnight Monday through Saturday. No sexually-oriented business shall open for business on a Sunday. This division (H) shall not apply to an adult motel, nor to a business whose hours of operation are regulated by state law.
(Ord. 193, passed 4-1-1998) Penalty, see § 111.99