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(a) No person shall operate or cause to be operated an adult entertainment and/or sexually oriented business or club, regardless of whether or not a permit has been issued for said business or club under this chapter, and allow such business or club to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 1:00 p.m. of any particular day, excluding Sunday on which the business or club may not operate.
(b) No person shall work as an employee of an adult entertainment and/or sexually oriented business or club, and engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day, excluding Sunday on which the business or club may not operate.
(c) Whoever, violates this provision shall be subject to the criminal penalties outlined in Section 795.05.
(Ord. 116-99. Passed 9-20-99)
(a) A person who operates or causes to be operated an adult entertainment and/or sexually oriented business or club, regardless of whether or not a permit has been issued to said business or club under this chapter, shall have the premises inspected by the Chief Building Official to ensure compliance with the following requirements:
(1) Construction of rooms used for toilets, tubs, steam baths and showers shall be waterproofed with approved waterproof materials;
(2) Toilet facilities shall be provided in convenient locations. Where five or more employees and patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per section shall be provided for each 20 or more employees or patrons of that gender on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the gender accommodated therein.
(3) Lavatories or washbasins provided wi0th both hot and cold running water shall be installed in either the toilet room or vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
(b) The Chief Building Official shall certify that the proposed adult entertainment and/or sexually oriented business or club complies with all the requirements of this section of this chapter, and shall give or send such certification to Mayor.
(Ord. 116-99. Passed 9-20-99)
(a) A person who operates or causes to be operated a massage parlor, regardless of whether or not a permit has been issued to said business or club under this chapter, shall keep every portion of the premises, including appliances and apparatus clean, and in a sanitary condition.
(b) All masseurs/masseuses shall be licensed by the State of Ohio pursuant to Section 795.02(a)(12).
(c) All employees and masseurs/masseuses shall be clean and wear clean opaque outer garments which use is restricted to the massage parlor. All employees of massage parlors shall wear underwear at all times and the underwear of a licensee may not be exposed to any patron of a licensee at any time. The genitals or breasts of any employee of a massage parlor may not be exposed to any patron at any time.
(d) All employees and masseurs/masseuses must be modestly attired. Such employees and masseurs'/masseuses' clothing shall be neat and clean at all times and be similar to clothing worn by personnel in the health and medical fields.
(e) All massage parlors shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved sanitary manner.
(f) Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business or club is in operation. Bathtubs shall be cleaned thoroughly after each use.
(g) No permit holder or person who operates or causes to be operated a massage parlor, regardless of whether or not a permit has been issued to said business or club under this chapter, shall place, publish, distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to the prospective patrons that any services are available other than those described in Section 795.02(a)(12).
(h) It shall be the duty of the permit holder, licensee, owners and operators, and it shall also be the duty of any agents and employees present on the premises to insure that the genital area of male or female patrons and the breasts of female patrons are covered by a sheet, towel, or other opaque clothing at all times, Should the genitals of male or female patrons or the breasts of female patrons become unintentionally or accidentally uncovered, the physical contact between the masseur/masseuse and the patron must cease.
(Ord. 116-99. Passed 9-20-99)
(a) The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 (1991) which upheld the rights of cities to prohibit live public exposure of a person('s) private parts, specifically applies to adult entertainment and/or sexually oriented businesses or clubs (regardless of whether or not a permit has been issued to said businesses or clubs under this chapter, including businesses or clubs where no alcoholic beverages are sold, served, or consumed at the premises.
(b) Public nudity is prohibited within the City of Reynoldsburg, including any adult entertainment and/or sexually oriented business or club. Any adult entertainment and/or sexually oriented business or club which is found in violation of this section shall have its permit suspended pursuant to the provisions of Section 795.15.
(Ord. 11 6-99. Passed 9-20-99)
(a) For purposes of this section, "live entertainment" is defined as a person who appears live before a live audience and is semi-nude, and performs by the exposure of "specified anatomical areas" or by "specified sexual activities".
(b) No person shall perform live entertainment for patron(s) of an adult entertainment and/or sexually oriented business establishment or club except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet from nearest area occupied by patron(s). No patron shall be permitted within ten feet of the stage while the stage is occupied by a performer.
(c) The adult entertainment and/or sexually oriented business establishment or club shall provide separate dressing room facilities for female and male performers which shall not be occupied or used in any way by anyone other than performers.
(d) The adult entertainment and/or sexually oriented business establishment or club shall provide access for performers between the stage and dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.
(e) No entertainer, either before, during or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer before, during or after a performance. This section shall only apply to physical contact while in or on the premises of the establishment.
(f) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this section.
(g) No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.
(h) No operator of an adult entertainment and/or sexually oriented business establishment or club shall cause or allow a performer to contract or engage in any entertainment such as a "couch", "straddle" or "lap" dance with a patron while in or on the establishment or club premises. No performer shall contract to or engage in a " couch", "straddle" or "lap" dance with a patron while in or on 'the establishment or club premises. For purposes of this subsection, "couch", "straddle" or "lap" dance is defined as an employee of the establishment or club intentionally touching or coming within ten feet of any patron while engaged in the display or exposure of any "specified anatomical area", or any "specified sexual activity". For purposes of this subsection, employee is defined as it is in Section 795.02 (b).
(i) Section 795.27 shall not apply to an employee of an establishment who, while acting as a waiter, host, hostess, or bar tender, comes within ten feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" while acting as a waiter, waitress, host, hostess or bar tender.
(j) Compliance with this section:
(1) For purposes of this section, establishment is defined as it is in Section 795.02 (c) of this chapter. No establishment or club shall be in compliance with this section until the city's designated agent(s) have inspected and approved of the establishment or club's compliance. The city shall have ten business days from the date it receives written notice from the operator that the establishment or club is ready for inspection to approve or disapprove the compliance required by this section. Failure to approve or disapprove compliance within ten business days constitutes a finding of compliance under this section;
(2) The permit holder, or operator of an establishment or club, that has been providing live entertainment under an adult entertainment and/or sexually oriented business or club permit, shall have the time periods listed below in which to bring the establishment into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the establishment's permit to be suspended under Section 795.15 of this chapter. The permit shall remain suspended until the establishment is approved by the city's designated agent(s) as being in full compliance with this section;
(3) The operator of the establishment, that has been operating under a valid permit for another classification of an adult entertainment and/or sexually oriented business or club and who wishes to provide live entertainment at that establishment or club, shall apply for and receive an adult entertainment and/or sexually oriented business or club permit for the operation of an establishment or club providing live entertainment before any live entertainment is provided at that establishment or club. No live entertainment permit shall be issued until the establishment or club is approved as being in full compliance with this section and all other applicable requirements of this chapter;
(4) The applicant for a permit to operate a new establishment or club, who wishes to provide live entertainment, shall apply for and receive an adult entertainment and/or sexually oriented business or club permit for the operation of an establishment or club providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the establishment or club is approved as being in full compliance with this section and all other applicable requirements of this chapter.
(Ord. 116-99. Passed 9-20-99)
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