(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