(A) Premises requirements.
(1) It shall be unlawful to own or operate a sexually-oriented business that is not in compliance with the requirements stated in this section; provided that, sexually-oriented businesses in operation on the effective date of this chapter shall have 60 days from such effective date to come into compliance with divisions (A)(2) through (A)(9) below.
(2) Upon application for a sexually-oriented business license or a renewal of such a license, 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 and 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. The diagram shall also designate the place at which the license 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 or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Clerk 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 the diagram was prepared.
(3) The interior of the premises shall be configured in such a manner that 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, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has 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 division (A)(3) must be by direct line of sight from the manager’s station.
(4) It shall be the duty of the licensee to ensure that the view area (specified in division (A)(3) above) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 in the application filed pursuant to division (A)(2) above.
(5) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the City Clerk.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(2) above.
(7) Except for those premises identified in division (A)(8) below, 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 of not less than ten footcandles as measured at the floor level. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described in this division (A)(7) is maintained at all times that any patron is present in the premises.
(8) With respect to a sexually-oriented business that has individual booths.
(a) Each booth shall have a rectangular shaped entranceway of not less than two feet wide and six feet high.
(b) There shall be no door, curtain or other obstruction blocking or closing off such entranceway so as to obstruct the visibility of a patron.
(c) There shall be no openings of any kind existing between viewing rooms or booths. Thus, the licensee shall, during each business day, regularly inspect the walls between the viewing booths or rooms to determine if any openings or holes exist.
(d) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(e) The interior of the premises shall be configured in such a manner that 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, excluding restrooms. If the premises has 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, excluding restrooms, from at least one of the manager’s stations. The view required in this division (A)(8)(e) must be by direct line of sight from the manager’s station. Viewing booths must be separated at least 12 inches from the exterior walls of any other viewing booths by open space.
(f) 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 of not less than ten footcandles as measured at the floor level. However, if a lesser level of illumination shall be necessary to enable a patron to view the adult entertainment in a booth, a lesser amount of illumination may be maintained in the booth; provided, however, at no time shall there be less than two footcandles of illumination, as measured from the floor. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described in this division (A)(8)(f) is maintained at all times that any patron is present in the premises.
(9) No adult product shall be advertised or displayed in such a manner that the adult product may be viewed by the public who is not a patron of the sexually-oriented business.
(10) A person having a duty under divisions (A)(2) through (A)(9) above commits a violation if he or she knowingly fails to fulfill that duty.
(11) A sexually-oriented business shall not be located within 1,000 feet of a:
(a) Residence;
(b) Place of worship or building that is used primarily for religious worship and related religious activities;
(c) Public or private educational facility including, but not limited to, a child day care facility, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school; or
(d) Public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/ bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of the city park and recreation authorities.
(12) A sexually-oriented business shall not be located within 500 feet of another sexually-oriented business.
(13) A sexually-oriented business lawfully operating:
(a) Subsequent to adoption of this chapter by the city’s Common Council shall be restricted to C-4 Zone Districts, as provided in Ch. 165 of this code of ordinances; and
(14) All premises requirements of this section must be inspected annually by the Enforcement Officer and a recommendation of approval or denial of application forwarded to the City Clerk.
(B) Operational requirements.
(1) It shall be unlawful to own or operate a sexually-oriented business that is not in compliance with the requirements stated in this section.
(2) A sexually-oriented business shall be kept in a sanitary condition at all times. As a condition of licensure under this chapter, the Enforcement Officer shall have the right to enter any licensed premises during business hours without notice to ensure compliance with this chapter, and it shall be unlawful for a person to prevent or deny any such entry. The Enforcement Officer shall have the power to determine if such business is in a sanitary condition. For such purpose, the Enforcement Officer may, upon request, forward such information to the county’s Health Department. If the Enforcement Officer shall determine, after an investigation by the county’s Health Department, that an unsanitary condition exists within a sexually-oriented business, the City Clerk shall suspend the license for such premises until such unsanitary condition is rectified.
(3) No licensee under this section, or his or her employee, shall violate any state statute or city ordinance, or allow any other person to commit such a violation, within such business or on parking areas or other property immediately adjacent to or normally used for purposes of parking for such business, which property is under the control of the business owner or owners or their lessee or lessor.
(4) Sexually-oriented businesses shall not be open between the hours of midnight and 10:00 a.m. and shall not be open on Sundays.
(5) Sexually-oriented businesses shall not prepare or serve food to its patrons.
(Ord. 50-2006, passed 11-6-2006) Penalty, see § 118.999