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(A) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
(B) It shall be unlawful for a person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license to rent or subrent a sleeping room to a person and, within ten hours from the time the room is rented, rent or subrent the same sleeping room again.
(C) For purposes of division (B) of this section, the terms
RENT or SUBRENT mean the act of permitting a room to be occupied for any form of consideration.
(Ord. 99-37, passed 12-14-99) Penalty, see § 112.99
(A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
(1) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager’s stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared;
(2) The application shall be sworn to be true and correct by the applicant;
(3) No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the City Clerk;
(4) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this division;
(5) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied or open for business;
(6) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no act of sexual intercourse, oral sexual contact or sexual contact, including masturbation, occurs in or on the licensed premises;
(7) It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person;
(8) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make or attempt to make an opening of any kind between viewing rooms;
(9) It shall be the duty of the operator or of any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms to immediately escort such persons from the premises;
(10) It shall be the duty of the operator or of any employee who discovers an opening of any kind between viewing rooms to immediately secure such rooms and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repair of openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction;
(11) It shall be the duty of the operator during each business day to regularly inspect the walls between viewing rooms for openings of any kind;
(12) It shall be the duty of the operator and of any employee on the premises to initiate and enforce a no loitering policy in viewing rooms;
(13) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(a) That no loitering is permitted in viewing rooms;
(b) That the occupancy of viewing rooms is limited to one person;
(c) That sexual intercourse, oral sexual contact and sexual contact, including masturbation, on the premises is prohibited;
(d) That the making of openings between viewing rooms is prohibited;
(e) That violators will be required to leave the premises;
(f) That violations of subsections (b), (c) and (d) of this division are unlawful;
(14) It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting;
(15) It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms or any room or area providing patron privacy are constructed of or permanently covered by nonporous, easily cleanable material;
(16) It shall be the duty of the operator to ensure that premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:
(a) The operator shall maintain a regular cleaning schedule, documented by appropriate logs and shall employ sufficient personnel to assure the establishment is clean;
(b) The operator shall provide an employee to check an areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least once each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance;
(c) Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras and windows and other surfaces;
(17) It shall be the duty of the operator to ensure any seating within a viewing room is designed so as to accommodate one person only.
(18) It shall be the duty of the operator to provide in a conspicuous place on the premises free information relating to the prevention of sexually transmitted diseases, including AIDS;
(19) The interior of the premises shall be configured in such a manner that there is no unobstructed view from a manager’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. A manager’s station shall not exceed 32 square feet of floor area. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this section must be by direct line of sight from the manager’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises to ensure that the view area specified in this section remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 99-37, passed 12-14-99) Penalty, see § 112.99
(A) It shall be the duty of the operator of a sexually oriented business to:
(1) Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented business is located;
(2) Post conspicuous signs stating that no loitering is permitted on such property;
(3) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 30 minutes or inspecting such property by use of video cameras and monitors; and
(4) Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager’s station.
(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 99-37, passed 12-14-99) Penalty, see § 112.99
(A) A sexually oriented business which features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified, anatomical areas or by specified sexual activities shall be operated in accordance with the following regulations. It is unlawful for a licensee or operator to knowingly fail to ensure compliance with the regulations:
(1) A person shall not appear in a state of nudity or engage in a live performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities except upon a stage elevated at least 18 inches above floor level. All parts of the stage, or a clearly designated area thereof within which the person appears in a state of nudity or performs shall be a distance of at least six feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a barrier or railing the top of which is at least three feet above floor level. No person, appearing in a state of nudity or engaging in such live performances, or patron may extend any part of his or her body over or beyond the barrier or railing;
(2) No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same;
(3) No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region or buttocks;
(4) No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret;
(5) An employee may not touch the breast, buttocks or genitals of a patron, nor may a patron touch the breast, buttocks or genitals of an employee;
(6) No patron shall directly pay or give any gratuity to any employee or entertainer;
(7) No employee or entertainer shall solicit any pay or gratuity from any patron;
(8) A person below the age of 18 years may not observe or appear in a state of nudity or in such live performances on the premises of a sexually oriented business;
(9) A sign at least two feet by two feet, with letters at least one inch high and summarizing the provisions of subsections (1), (5), (6) and (7) of this division shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
(B) It is unlawful for any adult cabaret to be operating or otherwise open to the public between the hours of 1:00 a.m. and 11:00 a.m.
(Ord. 99-37, passed 12-14-99) Penalty, see § 112.99
(A) Any person, firm or corporation violating any provision of this chapter shall be fined not less than $5 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(B) Any violation of this chapter, including, but not limited to, the operation of a sexually oriented business without a valid license, is declared to be a nuisance. In addition to any other relief provided by this chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.
(Ord. 99-37, passed 12-14-99)