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An establishment engaging in adult entertainment activity, except as otherwise provided by laws which may be more restrictive, may not have more than one outside sign. Said sign shall be flush to the wall, facial in style, not to exceed in size ten feet in length (horizontal to the ground) and three feet in width (vertical to the ground), with no flashing lights and with no lettering, wording, or pictorial or representational matter which is distinguished or characterized by an emphasis on depictions of sexual activities as defined in § 113.04.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
An establishment engaging in adult entertainment may not display its stock in trade or any matter depicting, describing, or relating to sexual activities in such a manner as to be subject to public view from outside the establishment including, but not limited to view from public sidewalks, streets, arcades, hallways, or passageways.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
(A) An operator or his employee engaging in an adult entertainment activity shall not permit a person under 18 years of age to be employed by or enter his establishment. This section shall not be construed to be an exemption from or in conflict with any requirement found in any statute, ordinance, regulation, or other provision of law applicable to a licensee or potential licensee hereunder which is more stringent in terms of an age requirement for employees.
(B) An operator engaging in an adult entertainment activity shall, at all times, cause the entrance of his establishment to be so attended as to insure compliance with the requirements contained in division (A) above.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
An establishment licensed to engage in adult entertainment shall not conduct business in the nature of adult entertainment, whether live or on film or video tape or to perform massage or to sell or rent sexual paraphernalia or tapes, between the hours of 4:00 a.m. and 6:00 a.m.
(Ord. 15-1987, passed 10-5-87; Am. Ord. 9-1993, passed 12-13-93) Penalty, see § 113.99
An adult amusement arcade, except as otherwise provided by laws which may be more restrictive, shall meet the following requirements:
(A) Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than one hour fire-restrictive material and shall contain no hole or other perforation.
(B) A person who operates or causes to be operated an adult amusement arcade which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s or cashier’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. The view required in this division must be by direct line of sight from the manager’s or cashier’s station.
(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 insure that the view area specified in division (1) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times.
(3) No viewing room may be occupied by more than one person at a time.
(C) There shall be no fewer than two doorways, each of a width of not less than 36 inches, which provides ingress or egress from any room in which an amusement device or viewing area is located; however, one doorway shall be sufficient in the event the Fire Chief or his designee should so determine. The doorway or doorways shall be unlocked during business hours.
(D) Over every doorway which provides egress from any room in which an amusement device or viewing area is located, there shall be maintained an internally illuminated exit sign with letters at least five inches in height.
(E) A light level of no less than 1.0 footcandles at floor level shall be maintained in every portion of said establishment to which the public is admitted.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
(A) The public entrance to an establishment engaging in adult entertainment activities shall not be located within l,000 feet of any building containing a public or private elementary, middle, or secondary school, institution of higher education, or business college; of any park, mall, or park-like area of open space under the control of a governmental agency; of any building used for a place of religious worship; or of any building used for a governmental function or public library. Such distance shall be measured along a straight line from the nearest property line of the real estate on which said building or public park-like area is located to the entrance to the establishment engaging in an adult entertainment activity.
(B) The public entrance to an establishment engaging in adult entertainment activities may not be located within l,000 feet of an area zoned R-E, R-l, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R-8A, OR-l, OR-2, OR-3, OTF, or from an area used for residential purposes. Such distance shall be measured along a straight line from the boundary line of the newest area zoned or used for residential purposes to the entrance to the establishment engaging in an adult entertainment activity.
(C) The public entrance to an establishment engaging in adult entertainment activities shall not be located within l,000 feet of the public entrance of another adult entertainment activity establishment.
(D) The public entrance to an establishment engaging in adult entertainment shall not be located within 500 feet of the public entrance of an establishment licensed to serve alcoholic beverages.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
LICENSING
(A) No operator shall maintain, operate, or conduct an establishment engaging in any adult entertainment activities defined under § 113.04 unless such person has made an application for a license, and no operator shall own, operate, or be employed at an establishment engaging in adult entertainment activities which has sought and been denied a license hereunder, and unless all dancers, performers, and entertainers appearing at the establishment have obtained the license required by § 113.31.
(B) No person shall operate, own, or be employed at an unlicensed adult entertainment activity defined under § 113.04.
(C) No owner shall permit adult entertainment activities to operate on his property without such adult entertainment activities being properly licensed.
(D) No person shall permit himself to be an operator or an employee at an adult entertainment activity which has not been validly licensed hereunder.
(Ord. 15-1987, passed 10-5-87) Penalty, see § 113.99
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