The following operational standards shall apply to all entertainment described in Section 5.14.010:
A. No operator, entertainer or employee of a place of entertainment shall permit to be performed, offer to perform, perform or allow patrons to perform sexual intercourse, oral or anal copulation, lap or straddle dancing, fondling or stimulation of human genitals, pubic region, buttocks, or female breasts.
B No operator, entertainer or employee of a place of entertainment shall encourage or permit any person upon the premises to lap or straddle dance, touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person.
C. If the place of entertainment is licensed to serve alcoholic beverages, the licensee shall abide by the rules and regulations set forth by the California Department of Alcoholic Beverage Control.
D. No person shall perform for patrons any entertainment described in Section 5.14.010(C)(3) except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. This subsection shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by plexiglass or other clear permanent barrier.
E. Stage or entertainment areas shall not be open to view from outside the premises.
F. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
G. No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times.
H. No person under the age of eighteen (18) years shall be permitted within the premises at any time during hours of operation.
I. The place of entertainment shall maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from either looking into or using the restrooms for females and female patrons and employees shall be prohibited from using the restrooms for males except to carry out the duties of repair, maintenance and cleaning of the restroom facilities. Restrooms shall not contain television monitors or other motion picture or video projection recording or reproduction equipment.
J. The premises shall provide separate dressing room facilities for male and female entertainers which are exclusively dedicated to the entertainer's use.
K. The licensee shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons.
L. No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.
M. All areas of the place of entertainment accessible to patrons shall be illuminated at least to the extent of two foot-candles (measured as units of illuminance), minimally maintained and evenly distributed at ground level.
N. Individual viewing areas shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
O. No individual viewing area may be occupied by more than one person at any one time.
P. All individual viewing areas shall be physically arranged in such a manner that the entire interior portion of the individual viewing area is directly visible from aisles and public areas of the premises. Visibility into the individual viewing rooms shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever.
Q. No patron, guest or invitee shall directly pay or give any gratuity to any performer, dancer, employee or model and no dancer, performer, employee or model shall solicit any pay or gratuity from any patron.
R. No owner or other person with managerial control over an Adult Business (as that term is defined in Chapter 19.06 of this Code) shall permit any person on the premises of the Adult Business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.
S. If the occupancy limit of that portion of the premises where entertainment is performed is greater than two hundred (200) persons, at least one security guard will be on duty outside the premises, patrolling the grounds and parking areas at all times while the entertainment is provided. An additional security guard will be on duty inside the premises if the occupancy exceeds four hundred (400) persons.
The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of the chapter. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard. An additional security guard shall be provided if one security guard is to be utilized for the purpose of conducting searches on patrons. All security guards shall be licensed in accordance with Business and Professions Code § 7582, et seq.
T. The premises within which the entertainment is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building;
U. All signage conforms to the standards applicable in Title 19 of this Code;
V. Every place of entertainment shall have a manager on the premises at all times when entertainment is performed;
W. The place of entertainment must not operate or be open between the hours of two a.m. and eight a.m., however, the restriction herein imposed applies only to permitting or allowing the public to dance and to the providing of entertainment of any sort other than mechanical music between such hours and is not deemed to prevent or make unlawful the serving of meals or refreshments between such hours; and
X. All business activities must take place within the enclosed structures, unless otherwise permitted by the City.
Y. The City Clerk shall impose conditions prior to approval of an application which are deemed necessary by the Police Department, Development Services, and the Fire Department to ensure compliance with the provisions of this Chapter or to protect the public health and safety. Such conditions shall be limited to the following: hours of operation; maximum occupancy; fire and life and public safety issues; fire suppression; exterior signage prohibiting loitering and littering; clean-up of premises; location of the business; amount and type of calls for police service in the area; exterior lighting; existence of public telephones; and security guards. The conditions imposed shall include the posting of a bond or cash equivalent for the clean-up of premises, dependent upon the physical condition of past premises as a result of past entertainment events of applicant.
(Ord. MC-1129, 8-20-02)