The City Council shall issue an adult-oriented business permit if the following requirements are met:
(A) The adult-oriented business shall be located in the M-1 zone.
(B) The adult-oriented business shall not be located within 150 feet of any residential zone (R-1, R-1A, R-2, R-3) or any actual residential use approved by the city.
(C) The adult-oriented business shall not be located within 300 feet of any lot upon which there is properly located a religious institution, public park, or school.
(D) The adult-oriented business shall comply with all applicable development and design standards for the M-1 Zone. However, if the adult-oriented business is the sole use on a lot, no landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground notwithstanding any landscaping requirements to the contrary.
(E) The adult-oriented business shall comply with the city's sign regulations.
(F) The adult-oriented business shall not be located in any portable or mobile structure or pushcart.
(G) The adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.
(H) The adult-oriented business shall not conduct any massage, acupuncture, tattooing, acupressure, fortune telling or escort services on the premise nor shall any such business be conducted from the same premise as the adult-oriented business.
(I) The adult-oriented business shall provide a security system that visually records and monitors all parking lot areas. Recordings made pursuant to this requirement shall be required to be maintained for a minimum of a 14 day period.
(J) All indoor areas of the adult-oriented business which are accessible to the public shall be open to public view at all times, with the exception of restroom facilities. “Accessible to the public” shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.
(K) The adult-oriented business shall not display any sexually-oriented material of sexually-oriented merchandise which would be visible from any location other than from within the adult-oriented business.
(L) The adult-oriented business shall not allow admittance of any person under the age of 18 if no liquor is served, or under the age of 21 if liquor is served and shall be posted accordingly at the entrance to the adult-oriented business.
(M) The adult-oriented business shall not operate between the hours of 2:00 a.m. and 7:00 a.m.
(N) The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult-oriented business which deals exclusively with sale or rental of adult-oriented material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
(O) All areas of the adult-oriented business shall be illuminated at a minimum of 15 foot-candle, minimally maintained and evenly distributed at ground level. However, such lighting shall not be installed so as to prevent the viewing of adult material in an individual viewing area or in an adult arcade or theater.
(P) No solicitation of trade may be made at or near the entrance to the adult-oriented business by any means other than signage which complies with the city's sign regulations.
(Q) All required permits and licenses shall be conspicuously posted at a location where they may be observed by any member of the public.
(R) Any adult-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements:
(1) At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the Police Department and Code Enforcement Officer of any violations of law observed. Any security guard required by this division shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this division shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder;
(2) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times; and
(3) 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.
(S) The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s) or any adult-oriented business which has at least one individual viewing area:
(1) The application for the adult-oriented business permit shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager's stations, 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 with no dimension greater than eight feet. Each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult-oriented business to an accuracy of plus or minus six inches;
(2) At least one employee is on duty and situated at each manager's station at all times that any patron is present;
(3) The interior shall be configured in such a manner so that there is an unobstructed view from a manager's station of every area to which any patron is permitted access for any purpose, excluding restrooms. If two or more manager's stations are designated, then the interior shall be configured in such a manner that there is an unobstructed view of each area 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 must be by direct line of sight from the manager's station. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the Community Development Director;
(4) All individual viewing areas within the adult-oriented business shall be visible from a continuous and visually accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the individual viewing area are visible at all times in order to enforce all rules and regulations;
(5) No individual viewing area may be occupied by more than one person at any one time; and
(6) Individual viewing areas shall be operated and maintained without any hole or other opening or other means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
(T) The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
(1) No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 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. “Entertainer” shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business;
(2) Separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use;
(3) An entrance/exit shall be provided for entertainers which is separate from the entrance/exit used by patrons;
(4) Access shall be provided for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, a minimum three-foot wide walk aisle shall be provided for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers;
(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer; and
(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this division.
('65 Code, § 9-3.3005) (Ord. 433-C.S., passed 9-6-94) Penalty, see § 121.99