(A) For purposes of this section, "live entertainment" is defined as a person who appears nude, semi-nude, or a performance that is characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(B) No person shall perform live entertainment for patron(s) of a sexually oriented business establishment except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patron(s). No patron shall be permitted within ten feet of the stage while the stage is occupied by a performer.
(C) No entertainer, either before, during, or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after a performance. This subsection shall only apply to physical contact while in or on the premises of the establishment.
(D) No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.
(E) No operator of a sexually oriented business establishment shall cause or allow a performer to engage in any entertainment such as a "couch" or a "straddle" dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch" or "straddle" dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch" or "straddle" dance is defined as an employee of the establishment intentionally touching or coming within ten feet of any patron while engaged in the display or exposure of any "specified anatomical area," or any specified sexual activity." For purposes of this subsection, "employee" is defined as it is in § 120.02.
(F) Section 120.17 shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bar tender, comes within ten feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" while acting as a waiter, waitress, host, hostess, or bar tender.
(G) Compliance with this section:
(1) For purposes of this section, establishment is defined as it is in § 120.02 of this chapter. No establishment shall be in compliance with this section until the city's designated agent(s) have inspected and approved of the establishment's compliance. The city shall have ten days from the date it receives written notice from the operator that the establishment is ready for inspection to approve or disapprove of compliance required by this section. Failure to approve or disapprove of compliance within ten days shall constitute a finding of compliance under this section.
(2) The operator of an establishment, that has been providing live entertainment under a valid sexually oriented business permit, shall have the time periods listed below in which to bring the establishment into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the establishment's permit to be suspended under § 120.09 of this chapter. The permit shall remain suspended until the establishment is approved by the city's designated agent(s) as being in full compliance with this section.
(3) The operator of establishment, that has been operating under a valid permit for another classification of sexually oriented business and who wishes to provide live entertainment at that establishment, shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided at that establishment. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter.
(4) The applicant for a permit to operate a new establishment, who wishes to provide live entertainment, shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter.
(5) Compliance with division (B) must occur within 60 days from the date this section becomes effective.
(6) Compliance with division (C) must occur within 90 days from the date this section becomes effective.
(7) Compliance with division (D) must occur within 90 days from the date this section becomes effective.
(8) Compliance with division (E) must occur upon the date this section becomes effective.
(9) Compliance with division (F) must occur within 60 days from the date this section becomes effective.
(10) Compliance with division (G) must occur upon the date this section becomes effective.
(11) Compliance with subsection (H) must upon the date this section becomes effective.
(H) Any person having a duty under this section commits a misdemeanor if she/he knowingly fails to fulfill that duty.
(Ord. 58-9-04, passed 9-28-04) Penalty, see § 120.99