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(a) A person who operates or causes to be operated an adult entertainment establishment, 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) Upon application for an adult entertainment establishment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more managerstations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A managerstation may not exceed thirty-two square feet of floor area. 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 engineeror architectblueprint shall not be required. However, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Planning Commission 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 managerstation may be made without prior approval of the Planning Commission.
(4) It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each managerstation at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a managerstation of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more managerstations designated, than 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 managerstations. The view required in this paragraph must be by direct line of sight from the managerstation.
(6) In addition, a closed circuit television system shall be maintained and operated with a television monitor or monitors located in the area of the managerstation, in the clear view of the public, and available for continuous viewing by the manager on duty. A camera or cameras shall be installed in the booth areas and shall scan each hallway and aisle way of the entranceway to each booth. The closed circuit television system shall operate on a switcher system so that the television monitor or monitors will switch sequentially and continuously from one camera to another. The continuous switching process will be timed to allow an adequate view of each area surveyed by each camera while accomplishing a complete circuit within less than one minute. To the extent necessary, more than one television monitor shall be installed so that there will be adequate circuits to provide a complete view of the entire interior premises, including booth area or areas, in less than one minute.
In the event of a malfunction of any of the closed circuit television equipment described above, the operator or his or her designee shall act promptly to repair or cause to be repaired any such malfunction within twenty-four hours. The operator shall maintain documentation of the date and time of any such malfunction and all measures taken to effect a repair. If an equipment malfunction cannot be repaired within twenty-four hours, those areas of the adult arcade which are not capable of being monitored as a result of the malfunction shall be closed until repairs are completed.
Signs of adequate size for clear visibility shall be posed in the adult arcades to give notice to all patrons of the areas therein which are continuously monitored by closed circuit television cameras.
(7) It shall be the duty of the owners and operators, ant it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in paragraph (a) (5) hereof remains unobstructed by any door, wall, merchandise, display rack or other material at all times that any patron is present in the premises and 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 paragraph (a) (1) hereof.
(8) The 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 five foot-candles as measured at the floor level.
(9) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) A person having a duty under subsection (a) hereof commits an offense if he or she knowingly fails to fulfill that duty.
(Ord. 6-2001. Passed 4-12-01.)
(a) A person commits an offense if, in a business establishment open to person under the age of eighteen years, he or she displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain, or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) Human sexual intercourse, masturbation or sodomy;
(2) Fondling or other erotic touching of human genitals, the pubic region, buttocks or female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast below the top of the areola; or
(4) Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) As used in this section, means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) It is available to the general public for handling and inspection; or
(2) The cover or outside packaging on the item is visible to members of the general public.
(Ord. 6-2001. Passed 4-12-01.)
(Ord. 6-2001. Passed 4-12-01.)
(a) It is a defense to prosecution under Section 785.04 (a), 785.13 or 785.15 (d) that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a college, junior college or university supported entirely or partly by taxation;
(2) by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
B. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
C. Where no more than one nude model is on the premises at any one time.
(b) It is a defense to prosecution under Section 785.04 (a) or 785.13 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole contains serious literary, artistic, political or scientific value.
(Ord. 6-2001. Passed 4-12-01.)
Subject to the provisions of Section 785.20, whoever violates any of the provisions of this chapter shall be fined not more than one thousand dollars ($1,000.00).
(Ord. 6-2001. Passed 4-12-01.)