(A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel/hotel and regardless of whether or not a permit has been issued to said business under this chapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, sexually explicit films, such as a film, video cassette, digital video disc, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which this 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 should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus one foot. The City Manager 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) No alteration in the configuration or location of a manager's station may be made without the prior approval of the City Manager;
(3) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises;
(4) The interior of the permitted premises shall be configured in such a manner so that, at a normal adult height of at least five feet, 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, including the interior of individual viewing booths, excluding restrooms. Restrooms may not contain film or video display equipment. If the premises have 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;
(5) It shall be the duty of the owners and operator, and it shall also be the duty of any independent contractors, agents and employees present on the premises to ensure that, at a normal adult height of at least five feet, the view area specified in subsection (4) remains unobstructed by any doors, walls, merchandise, display racks or other materials or people at all times 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;
(6) No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "glory holes," shall be allowed in the walls or partitions which separate each viewing booth from an adjoining viewing booth or restroom. Viewing booths may not be enclosed by doors, curtains or "maze" walls. No signs, lights or other communicative devices maybe used to create an expectation of privacy on the part of any patron at any location on the premises;
(7) 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 level of not less than two-foot candles as measured at the floor; and
(8) It shall be the duty of the owners and operator and it shall also be the duty of any independent contractors, agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
(B) Any person having a duty under division (A)(1) through (8) commits a misdemeanor of the first degree if he or she knowingly fails to fulfill that duty.
(Ord. 9-03, passed 6-2-03) Penalty, see § 115.99