In addition to the general requirements relating to adult entertainment establishments and sexually-oriented businesses contained in this chapter, an adult theater, regardless of whether it is licensed under this chapter, shall:
(A) If the adult theater contains an auditorium or hall, comply with each of the following provisions:
(1) Have individual and separate seats (not couches, benches or other seating configurations allowing or providing for the seating of multiple persons on the same item of furniture) to accommodate the maximum number of persons who may occupy the area;
(2) Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times;
(3) Have a sign posted in a conspicuous place at or near each entrance to the auditorium or hall which lists the maximum number of persons who may occupy the auditorium or hall area, which number shall not exceed the number of seats within the hall or auditorium area; and
(4) Be illuminated at an illumination of not less than 15 to 20 foot candles average maintained as measured at 35 inches above the floor level and shall maintain the light at all times so that any customer present in the hall or auditorium may be seen.
(B) If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions:
(1) Have a sign posted in a conspicuous place at or near the entrance which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth;
(2) Have a permanently open entrance not less than three-feet wide and not less than six feet high, not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the booth; provided, however, that the requirements of all building and related codes shall also be complied with;
(3) Have individual, separate seats (which are not couches, benches or other seating configurations allowing or providing for the seating of multiple persons on the same item of furniture) which correlate with the maximum number of persons who may occupy the booth;
(4) Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times;
(5) Have an illuminated and continuous main aisle in which workers and customers can be seen from one end to the other; and
(6) Have, except for the entrance, walls or partitions of solid construction without any holes or openings in the walls or partitions.
(C) Have one or more manager’s stations;
(D) Configure the interior of the premises in a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any customer is permitted access for any purpose excluding restrooms;
(E) If the premises have two or more manager’s stations designated, configure the interior of the premises in a manner that there is an unobstructed view of each area of the premises to which any customer is permitted access for any purposes from at least one of the manager’s stations. The view required in this division shall be by direct line of sight from the manager’s station;
(F) If the adult theater is designed to permit outdoor viewing by persons seated in automobiles, cause the motion picture screen so situated, or the perimeter of the establishment so fenced, so that the material to be seen by those persons may not be seen from any public right-of-way, property assigned a residential zoning classification or assigned a residential land use designation, any religious institution or church, any educational institution or school, or from a park;
(G) Cover the floors of areas accessible to customers with smooth and non-permeable flooring material which can withstand frequent effective cleaning with industrial strength cleaning agents. Carpeting of any type is prohibited;
(H) Use smooth and non-permeable upholstery material, which can withstand frequent cleaning with industrial strength cleaning agents, to cover furniture permitted by this chapter for the use of customers;
(I) Have, in areas accessible to customers, interior wall surfaces which can withstand frequent cleaning with industrial strength cleaning agents;
(J) Use only those shades and blinds which can withstand frequent cleaning with industrial strength cleaning agents. Draperies are prohibited;
(K) Maintain areas accessible to customers in a clean and sanitary condition;
(L) Keep all furniture upholstery material free from holes and rips; and
(M) Utilize an appropriate and effective adaptation of the United States Center for Disease Controls universal precautions for the storage and transmission of the HIV virus and other diseases when cleaning or sanitizing the establishment.
(Ord. 2007-11, passed 6-26-2007) Penalty, see § 113.999