(A) A person who operates or causes to be operated a sexually-oriented business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) Each application for a sexually-oriented business license shall contain a diagram of the premises showing the location of all operator’s stations, booths or viewing rooms, overhead lighting fixtures and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs or other video reproductions. 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 shall 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 inches. The Chief of Police may 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) It shall be the duty of the operator, and of any employees present on the premises, 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.
(3) The interior 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 five foot candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(4) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the licensed premises.
(5) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(a) The occupancy of viewing rooms less than 150 square feet is limited to one person;
(b) Specified sexual activity on the premises is prohibited;
(c) The making of openings between viewing rooms is prohibited;
(d) Violators will be required to leave the premises; and
(e) Violations of these regulations are unlawful.
(6) It shall be the duty of the operator to enforce the regulations articulated in divisions (A)(5)(a) though (A)(5)(e) above.
(7) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room, but excluding restrooms, to which any patron is permitted access for any purpose. An operator’s station shall not exceed 32 square feet of floor area. If the premises has two or more operator’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, excluding restrooms, from at least one of the operator’s stations. The view required in this division (A)(7) must be by direct line of sight from the operator’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator’s station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this division (A)(7) remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(8) It shall be the duty of the operator to ensure that no porous materials are used for any wall, floor or seat in any booth or viewing room.
(B) It shall be unlawful for a person having a duty under divisions (A)(1) through (A)(8) above to knowingly or recklessly fail to fulfill that duty.
(C) No patron shall knowingly or recklessly enter or remain in a viewing room less than 150 square feet in area that is occupied by any other patron.
(D) No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a viewing room that is 150 square feet or larger in area.
(E) No person shall knowingly or recklessly make any hole or opening between viewing rooms.
(Prior Code, § 118.13) (Ord. G-09-15, passed 12-14-2009) Penalty, see § 118.99