(a) Nudity, Sexual Activity, Live Entertainment and Performances.
(1 ) No employee on the premises of an adult entertainment business may appear in a state of "nudity," as defined in this chapter, or engage in "specified sexual activities" in a state of "nudity," as defined in this chapter.
(2) Any employee appearing on the premises of an adult entertainment business in a state of semi-nudity, as defined in this chapter, must be on a stage that is at least 24 inches from the floor, and at a distance at least 36 inches from all parts of a clearly designated area in which patrons will be present.
(3) All live entertainment and performances in an adult entertainment business must take place on a stage that is at least 24 inches from the floor and a distance of at least 36 inches from all parts of a clearly designated area in which patrons will be present.
(4) The stage shall be separated from the area in which patrons may be present.
(5) No employee, as defined in this chapter, appearing on the premises of an adult entertainment business in a state of semi-nudity, may intentionally or knowingly touch a customer or a customer's clothing or knowingly permit himself or herself to be touched by a customer or a customer's clothing.
(6) Any live entertainment that is provided on the premises of an adult entertainment business, in a private or semi-private room, to five or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a "viewing booth" as defined in this chapter and therefore is not subject to the provisions of this chapter.
The provisions of this division (a) shall not apply to an employee's use of any restroom or any single-sex dressing room that is accessible only to entertainers.
(b) Dressing Rooms. All adult entertainment businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers that shall not be occupied or used in any way by anyone other than entertainers.
(c) Restrooms. All restrooms in adult entertainment businesses shall be equipped with standard toilets, sinks and other traditional lavatory facilities. No live performances shall be provided or allowed at any time in the restrooms of an adult entertainment business. Separate male and female restrooms shall be provided for use by adult entertainment business employees and patrons.
(d) Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of an adult entertainment business.
(e) Hours of Operation.
(1) An adult cabaret, regardless of whether it has a valid liquor permit issued by the State of Ohio Division of Liquor Control, may be open for business during the days and times allowed by the State of Ohio Division of Liquor Control for adult cabarets or similar establishments that have a valid liquor permit.
(2) No adult entertainment business, other than an adult cabaret, shall remain open at any time between the hours of midnight and 7:00 a.m. on weekdays and Saturdays, nor shall any entertainment, service, or product be provided to a customer on the premises of an adult entertainment business, other than an adult cabaret, during those hours. No adult entertainment business, other than an adult cabaret, shall be open for business at any time on Sunday or on any legal State of Ohio or federal holiday, nor shall any entertainment, service, or product be provided to a customer on the premises of an adult entertainment business, other than an adult cabaret, during those days.
(f) Minimum Lighting Level.
(1) The premises of every adult entertainment business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five foot- candles as measured at floor level.
(2) The illumination described in division (a) above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(g) Exterior Display. No adult entertainment business shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in this chapter, or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, animation, window or any other means.
(h) Display of Adult Entertainment Business License. A valid and current adult entertainment business license shall be displayed at all times in a portion of the premises open to the public.
(i) Availability of Adult Entertainment Business Employee License. Each employee of an adult entertainment business shall have his/her valid and current adult entertainment business employee license available on the premises of the adult entertainment business at all times that he/she or she is on the premises and shall produce his/her license for inspection at the request of the Director of Public Safety or his/her designee or any law enforcement personnel.
(j) Violations of the above provisions shall be the basis for the suspension or revocation of a license in accordance with the provisions of this chapter.
(Ord. 399-04. Passed 2-7-05.)