3-2-8: STANDARDS OF OPERATION AND CONDUCT:
Every adult concession shall comply with the following standards of operation, and the following standards of conduct must be adhered to by employees and entertainers of all adult concessions:
   A.   No employee or entertainer may touch, fondle or caress any patron for the purpose of arousing or exciting the patron's sexual desires.
   B.   No employee or entertainer shall allow a patron to touch an employee or entertainer and no patron shall touch, fondle or caress an employee or entertainer for the purpose of arousing or exciting the sexual desires of either.
   C.   A list of any and all entertainment provided on the premises must be posted and conspicuously displayed in the common areas of each place offering live adult entertainment. The list must show the fee or charge for each entertainment.
   D.   No employee or entertainer may solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter.
   E.   No entertainer may be visible from any public place while engaged in live adult entertainment.
   F.   No merchandise, films, videos, posters, books or other material that relates to "specified sexual activities" or "specified anatomical areas", as defined in section 3-2-2 of this chapter, shall be visible from any public place at any time.
   G.   A sign, no less than twelve inches by twelve inches (12" x 12"), with lettering no smaller than one-half inch by one-half inch (1/2" x 1/2"), shall be conspicuously displayed in the common areas of the premises, and shall read as follows:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF NYSSA - NYSSA CITY CODE TITLE 3, CHAPTER 2
ENTERTAINERS ARE:
1. Not permitted to engage in any type of sexual conduct; and
2. Not permitted to be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the pubic region, buttocks, genitals or vulva or anus unless removed at least four feet from the nearest patron.
   H.   No manager of an adult concession may employ any person under the age of eighteen (18) years as an entertainer or employee or allow an entertainer on his premises who is under eighteen (18) years of age.
   I.   No person under the age of eighteen (18) years may be admitted onto the premises of an adult concession for any purpose.
   J.   No person under the age of eighteen (18) years may be employed as a manager or entertainer for an adult concession.
   K.   No illegal drugs may be sold, served, allowed, possessed or consumed by employees, entertainers, managers or patrons on the premises of any adult concession. (Ord. 578, 6-16-1998)
   L.   No patron whose appearance, demeanor, speech, actions, coordination, or physiology is consistent with, and demonstrative of, a person under the influence of alcohol or drugs shall be allowed entrance onto the premises of an adult concession. No person shall be allowed to remain on the premises of an adult concession after a point when the patron's appearance, demeanor, speech, actions, coordination or physiology become consistent with, and demonstrative of, a person under the influence of alcohol or drugs. (Ord. 00-594, 10-10-2000)
   M.   No sexual conduct shall be allowed on the premises of an adult concession.
   N.   No employee not employed as an entertainer may be unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola, or any portion of the pubic hair, anus, buttocks, vulva or genitals.
   O.   No employee not employed as an entertainer may wear or use any device or covering exposed to view which simulates the breast of a female below the top of the areola, vulva, or genitals, anus or buttocks, or any portion of the pubic hair. (Ord. 578, 6-16-1998)
   P.   No entertainer mingling with members of the public shall conduct any dance, performance or exhibition (including, without limitation, the activity specified in section 3-2-2, definition of "live adult entertainment", subsection C of this chapter) in or about the nonstage area of the adult concession unless that dance, performance or exhibition is performed at a distance of no less than ten feet (10'), measured torso to torso from any member of the public. No employee or entertainer may touch, fondle or caress any patron for the purpose of arousing or exciting the patron's sexual desires, sit on a patron's lap, or separate a patron's legs.
   Q.   No entertainer is permitted to be unclothed or in less than opaque and complete attire, costume or clothing, so as to expose to view any portion of the pubic region, buttocks, genitals, vulva, or anus, unless removed at least ten feet (10') from the nearest patron. (Ord. 00-593, 5-9-2000)
3-2-9: TIPS OR GRATUITY:
No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult concession or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult concession shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer. (Ord. 578, 6-16-1998)
3-2-10: DRAMATIC WORKS EXCEPTED:
   A.   This chapter shall not be construed to prohibit:
      1.   Plays, operas, musicals, or other dramatic works that are not obscene;
      2.   Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
      3.   Exhibitions, performances, expressions or dances that are not obscene.
   B.   These exemptions shall not apply to the actual sexual conduct described in Oregon Revised Statutes 167.062. (Ord. 578, 6-16-1998)
3-2-11: ENFORCEMENT; REMEDIES:
   A.   Nonexclusive Remedies: The remedies found in this chapter are not exclusive, and the city may seek any other legal or equitable relief, including, but not limited to, enjoining any acts or practices which constitute or will constitute a violation of this chapter or other regulations herein adopted.
   B.   Public Nuisance: Any adult concession operated, conducted, or maintained in violation of this chapter or any law of the city or the state shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting, or maintaining an adult concession contrary to the provisions of this chapter.
   C.   Moral Nuisance: Any adult concession operated, conducted, or maintained contrary to this chapter shall be, and the same is hereby declared to be, unlawful and a public and moral nuisance, and the city attorney may, in addition to, or in lieu of any other remedy set forth herein, commence an action or actions to abate, remove and enjoin such public and moral nuisance. (Ord. 578, 6-16-1998)