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(A) Evidence that a sleeping room in a hotel, motel or similar commercial enterprise has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the enterprise is an adult motel as that term is defined in this chapter.
(B) It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel or similar commercial enterprise that does not have a sexually oriented business license, rents or subrents a sleeping room to a person, and within ten hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
(C) For purposes of division (B) of this section, the terms RENT or SUBRENT mean the act of permitting a room to be occupied for any form of consideration.
(Ord. passed 3-24-1998) Penalty, see § 10.99
(A) An escort agency shall not employ any person under the age of 21 years.
(B) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 21 years.
(Ord. passed 3-24-1998) Penalty, see § 10.99
(A) A nude model studio shall not employ any person under the age of 21 years.
(B) A person under the age of 21 years is in violation of this chapter if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this division (B) if the person under 21 years was in a restroom not open to the public view or visible by any other person.
(C) It is a violation of this chapter if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(D) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ord. passed 3-24-1998) Penalty, see § 10.99
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises a viewing room of less than 150 square feet of floor space, a film, video cassette, other video reproduction or live performance that depicts specified sexual activities or specified anatomical areas shall comply with the following requirements.
(A) Upon application for a sexually oriented business 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 business 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 and 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 Town Administrator/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 it was prepared.
(B) The application shall be sworn to be true and correct by the applicant.
(C) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Town Administrator/Clerk or his or her designee.
(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 the entire 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 the entire 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 (E) may be by direct line of sight from the manager’s station.
(F) 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 view area specified in division (E) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and 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) above.
(G) No viewing room may be occupied by more than one person at any time.
(H) 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 five foot-candles as measured at the floor level.
(I) 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 above is maintained at all times that any patron is present in the premises.
(J) No licensee shall allow an opening of any kind to exist between viewing rooms or booths.
(K) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(L) The operator of the sexually oriented business shall, during each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.
(M) The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(N) The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(O) A person having a duty under sections (A) through (D) above is in violation of this chapter if he or she knowingly fails to fulfill that duty.
(Ord. passed 3-24-1998) Penalty, see § 10.99
(A) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
(B) It shall be unlawful for an owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings for pictorial representations of any manner except to the extent permitted by the provisions of this chapter.
(C) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
(1) The establishment is a part of a commercial multi-unit center; and
(2) The exterior portions of such individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(D) Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
(E) A violation of any provision of this section shall constitute a violation of this chapter.
(Ord. passed 3-24-1998) Penalty, see § 10.99
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