(a) No person may operate or cause to be operated a sexually oriented business which exhibits on the premises in a viewing booth, as defined in § 869.02 of this chapter, films, video cassettes, other video or image reproduction, or live entertainment which depict or depicts specified sexual activities or specified anatomical areas, without complying with the following requirements.
(1) The sexually oriented business license application required under this chapter shall be accompanied by a diagram of the premises showing a plan thereof which specifies the location of one or more employee’s stations and the location of all overhead lighting fixtures, and which designates any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the sexually oriented 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 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.
(2) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an employee’s station of every area of the premises to which any patron is permitted access for any purpose, including the interior of all viewing booths and excluding restrooms. Restrooms may not contain video reproduction equipment, and no entertainment of any kind may be offered in restrooms. If the premises has two or more employee’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 from at least one of the employee’s stations. The view required in this division (a)(2) must be by direct line of sight from the employee’s station.
(3) No alteration in the configuration or location of an employee’s station shall be made without the prior approval of the Zoning Official and/or Health Department.
(4) At least one employee shall be on duty and situated in each employee’s station at all times that any patron is present inside the premises.
(5) An employee’s station shall not exceed 32 square feet of floor area, and no single dimension of an employee’s station shall exceed eight feet.
(6) The view from the employee’s station(s) shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
(7) No patron may at any time be permitted access to any area of the premises which has been designated in the license application files pursuant to this chapter as an area in which patrons will not be permitted.
(8) No viewing booth may be occupied by more than one person at any time.
(9) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including both the interior of viewing booths and restrooms, at an illumination level of not less than five foot-candles as measured at floor level.
(10) The illumination described above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(11) No openings of any kind shall be permitted to exist between viewing booths or in any wall of a viewing booth.
(12) No person shall make or attempt to make an opening of any kind between viewing booths or in any wall of a viewing booth.
(13) The walls of each viewing booth shall be inspected regularly during each business day to determine if any openings or holes exist.
(14) All floor coverings in viewing booths shall be nonporous; easily cleanable surfaces, with no rugs or carpeting.
(15) All wall surfaces, ceiling surfaces and seating surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material.
(b) Any person who operates a sexually oriented business or his or her agent or employee shall be guilty of a misdemeanor of the third degree if he or she operates a sexually oriented business in violation of division (a) hereof.
(Ord. 2002-175, passed 10-7-2002)