It shall be unlawful for any sexually oriented business, or operator, entertainer or employee of a sexually oriented business, or any customer of any sexually oriented business, while on or about the premises of the business to knowingly fail to adhere to the following standards of operation, as applicable:
(A) Standards for sexually oriented entertainment. A sexually oriented business offering sexually oriented entertainment shall comply with the following standards:
(1) A sexually oriented cabaret or modeling studio shall assure that no person other than an entertainer may occupy a stage constructed in accordance with § 112.05 for purposes of providing sexually oriented entertainment during the course of any performance.
(2) Entertainment at a sexually oriented cabaret or modeling studio is restricted to the elevated stage area as prescribed in § 112.05;
(3) Tips for entertainers shall be collected only in containers that are accessible to customers and not located on the stage.
(4) Sexually oriented entertainment shall take place in an open room in accordance with § 112.05;
(5) A sexually oriented business may not operate on Monday through Saturday between the hours of 12:00 a.m. and 8:00 a.m., on Sunday between the hours of 1:00 a.m. and 12:00 p.m., and on Sunday between 12:00 a.m. and 8:00 a.m. on Monday; and
(6) No vehicles shall be allowed to park overnight in the parking area of a sexually oriented business.
(B) Establishment license. A sexually oriented business shall post the license issued under this chapter in a conspicuous, easily viewable location, at eye level, in the portion of the business that is frequented by its customers and that is well lighted.
(C) Age restriction. No person under the age of 18 years, whether an employee or customer of the establishment, shall be permitted on the premises of any sexually oriented business, or in any area reserved for the display of sexually oriented media in an establishment subject to § 112.05(E).
(D) On-site attire. The operator of any sexually oriented business shall not permit any server or employee, other than a sexually oriented entertainer performing on an elevated stage area as prescribed in § 112.05, to appear nude or semi-nude or in a state of nudity or semi-nudity on the premises.
(E) Exterior display. No sexually oriented business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or media or any other material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas, or persons in a state of nudity or semi-nudity, to be observed from any exterior location by display, decoration, sign, show window or other opening.
(F) Specified criminal acts and specified sexual activities prohibited. No operator shall permit any employee, server, entertainer or customer of a sexually oriented business to engage in any specified criminal act or any specified sexual activity on the premises of the business.
(G) Terms of license. It shall be the duty of the owners and operators to ensure that all of the terms of the sexually oriented business license, including the standards in § 112.05 of this chapter, are continuously maintained, and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted pursuant to the terms of the license and the standards of this chapter.
(H) Manager on duty. It is the duty of the operator of the premises to ensure that a manager is on duty at all times that any customer is present inside the premises.
(I) Sexually oriented modeling studio. No bed, sofa, or mattress may be placed in any room within a sexually oriented modeling studio, except that a sofa may be placed in a reception room open to the public.
(J) Sexually oriented motel. A sexually oriented motel may not permit a room to be occupied for any form of consideration for two or more times in a period of time that is less than ten hours.
(K) Interior and exterior building standards. All sexually oriented businesses shall maintain the required standards of interior and exterior design prescribed in § 112.05. No alteration of a building's exterior or interior design or premises shall be undertaken without written authorization from the Chief.
(L) Inspections. Any sexually oriented business shall be deemed to have consented to periodic entry into and inspection of the business premises by the Chief for the limited purpose of determining whether such business enterprise is in compliance with this section. Such entry and inspection shall take place during hours when such business is open to the public, provided, however, that the owner may request a different time for inspection. A person who operates a sexually oriented business or his or her agent or employee commits an offense if they refuse to permit a lawful inspection of the premises by a representative of the Chief any time it is occupied or open for business.
(Ord. 13-1094, passed 12-19-2013)