(A) The following regulations shall govern and control the business of operating an adult use in the city.
(1) No person under the age of 21 shall be allowed on the licensed premises.
(2) At all times during the hours of operation there shall be present a manager or other employee of the licensee who shall be 21 years of age or older.
(3) Upon a change of any manager conducting business for the licensee, the licensee shall, within 10 regular business days, give the City Clerk or a designee written notice of such change by actual delivery or by registered or certified mail. The licensee shall, thereafter, as promptly as practicable, but in any event within five regular business days, provide the information concerning the new manager which is required in § 122.03(A) of this chapter.
(4) No adult use shall be located on premises for which a license to sell alcoholic liquor has been issued, and no alcoholic liquor shall be permitted on such premises.
(5) No adult use shall be permitted unless the premises on which such business is located comply with the requirements of the city’s Zoning Code.
(7) No licensee or manager under the provisions of this chapter shall knowingly permit any act of prostitution, solicitation for prostitution or patronization of a prostitute on the licensed premises.
(8) No sign shall be posted on the licensed premises that depicts, displays or refers to “specified anatomical areas” or “specified sexual activities”, as herein defined.
(9) The adult use license shall be displayed in a visible location on the premises at all times.
(10) The licensed premises shall not be open for business before 10:00 a.m. or after midnight on any day.
(B) In addition to the requirements established in division (A) of this section, the following regulations shall govern and control the operation of an adult bookstore which offers any films of videotapes for viewing on premises by use of motion picture devices or other coin-operated means:
(1) All viewing areas, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.
(2) There shall be no aperture whatsoever in any wall or partition between viewing areas.
(3) Each viewing area shall be lighted at a minimum level of 10 foot candles in all parts thereof.
(C) In addition to the requirements established in division (A) of this section, the following regulations shall govern and control the operation of an adult entertainment cabaret:
(1) All performers shall be 21 years of age or older.
(2) All performances, exhibitions or displays shall take place on a platform that is raised at least two feet from the level of the floor, and located at least ten feet from any patron.
(3) No performer shall fondle or caress any patron or other performer, and no patron shall fondle or caress any performer.
(4) No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.
(D) It shall be unlawful for any person licensed to engage in the business of operating an adult use within the city to fail to comply with the conditions and regulations set forth in divisions (A), (B) or (C) of this section as they are applicable to the licensed business, or to knowingly suffer or permit noncompliance with such conditions and regulations on or within the licensed premises. In this regard, any act or omission of an employee shall be deemed the act or omission of the owner, if such act or omission occurred either with the authorization, knowledge or approval of the owner, or as a result of the owner’s negligent failure to supervise the employee’s conduct. All conduct occurring while on the premises shall be presumed to be the responsibility of the owner.
(Ord. 09-44, passed 2-23-10)