(A) Exterior design. The premises of all sexually oriented businesses will be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
(1) Light sources shall be oriented toward the center of the site or shielded so as to not be visible from the property line. This applies to refractory lenses which extend beyond the lighting fixture and are designed to redirect the lighting source horizontally. This does not apply to neon or internally lit signs, or to decorative lighting with 15 watts or less per bulb.
(2) The minimum average intensity of lighting for on-site parking and walkway areas shall be one and one-half foot-candles.
(3) Signage shall conform to any applicable regulations of the extraterritorial jurisdiction of a municipality.
(4) Parking areas shall not be obscured by an opaque fence, wall, obscuring vegetation or other barrier from views from the public roadway where the business takes access.
(B) Design of entertainment area. The premises of a Class II or Class III Sexually Oriented Business shall be designed so that all entertainment on the premises takes place only in a location and manner meeting all of the following conditions:
(1) In an open room of at least 600 square feet unobstructed by any interior walls or other structures that shield the view of activities occurring within the room, however, a sexually oriented motel may provide entertainment in rooms having at least 250 square feet per room.
(2) On a stage, elevated at least 36 inches above the level on which customers sit or stand.
(3) On a stage with a horizontal separation of at least 36 inches between the edge of the stage or platform and the nearest space to which customers shall have access. The horizontal separation shall be physically enforced by a partial wall, rail or other physical barrier, which may be located either on the stage (to keep the entertainers back from the edge) or on the floor (to keep customers back from the stage).
(C) Interior design for sexually oriented cabarets or theaters, motion picture theaters and motion picture video viewing arcades. The interior of the premises shall be configured in such a manner that there is an unobstructed view of the premises to which any customer is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot-candle, as measured at the floor level.
(D) Design of sexually oriented motion picture video viewing areas. The sexually oriented motion picture video viewing area must be located in an area of the building unobstructed by any interior walls or partitions that shield the view of activities occurring within the video area.
(E) Sexually oriented media display.
(1) This division shall apply to any establishment in which sexually oriented media at any time constitutes or occupies more than 10% but not more than 40% of the store's inventory or merchandise displayed for sale or rental (not including store rooms, stock areas, bathrooms, or any portion of the business not opened to the public) at any time.
(2) Sexually oriented media in an establishment to which this division applies shall be kept in a separate room or section of the store, which room or section shall:
(a) Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight feet high or to the ceiling, whichever is less;
(b) Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
(c) Have access controlled by electronic or other means to provide assurance that persons under age 18 will not gain admission and that the general public will not accidentally enter such room or section.
(Ord. 13-1094, passed 12-19-2013)