(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)