(A) It shall be unlawful to own or operate an adult entertainment business that is not in compliance with the requirements stated in this section; provided that, adult entertainment businesses in operation on the effective date of this chapter shall have 60 days from such effective date to come into compliance with divisions (B) through (H) below.
(B) (1) Upon application for an adult entertainment 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.
(2) A manager’s station may not exceed 32 square feet of floor area.
(3) The diagram shall also designate the place at which the license will be conspicuously posted, if granted.
(4) 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.
(5) The Clerk-Treasurer 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.
(C) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Clerk-Treasurer.
(D) Restrooms may not contain video reproduction equipment.
(E) 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 (B) above.
(F) (1) Except for those premises identified in § 112.03 of this chapter and those premises identified in division (H) 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.
(2) 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 (F) is maintained at all times that any patron is present in the premises.
(G) All locational requirements of this section must be approved or denied by the Clerk-Treasurer within 45 days from the time the application is filed.
(H) With respect to an adult entertainment business that has individual booths:
(1) Each booth shall have a rectangular shaped entranceway of not less than two feet wide and six feet high;
(2) There shall be no door, curtain or other obstruction blocking or closing off such entranceway so as to obstruct the visibility of a patron;
(3) 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;
(4) 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 (H)(4) 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; and
(5) 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 (H)(5) is maintained at all times that any patron is present in the premises.
(I) A person having a duty under divisions (B) through (H) above commits a violation if he or she knowingly fails to fulfill that duty.
(Ord. 2013-7, passed 12-10-2013) Penalty, see § 10.99