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, other video reproduction, or live entertainment which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements.
(A) Upon application for a conditional use permit, the application shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures, and the designation of any portion of the premises in which patrons will not be permitted.
(1) A manager’s station may not exceed 32 square feet of floor area.
(2) The diagram shall also designate the place at which the permit, if granted, will be conspicuously posted.
(3) A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint 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 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.
(4) The town may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted, and if the applicant certifies that the configuration of the premises has not been altered since the plan was prepared.
(B) The application shall be sworn to be true and correct by the applicant.
(C) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the town.
(D) At least one licensed employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(E) (1) The interior of the premises shall be configured in such a manner so that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
(2) Restrooms may not contain video reproduction equipment.
(3) If the premises has two or more manager’s stations designated, the interior of the premises shall be configured in such a manner so 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.
(4) The view required in this division (E) must be by direct line of sight from the manager’s station.
(F) The view area specified in division (E) above must remain unobstructed, at all times, by any doors, curtains, partitions, walls, merchandise, display racks or other materials 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 division (A) above.
(G) No viewing room may be occupied by more than one person at any time.
(H) 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.
(I) The illumination described above is maintained at all times that any patron is present in the premises.
(J) No openings of any kind shall exist between viewing rooms or booths.
(K) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(L) The premises shall, during each business day, be regularly inspected to insure that the walls between the viewing booths do not contain any openings or holes.
(M) All floor coverings in viewing booths shall be nonporous, with easily cleanable surfaces, with no rugs or carpeting.
(N) All wall surface and ceiling surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(Ord. passed 12-20-2001) Penalty, see § 152.999