(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 Section 711.02, 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 (6) 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 subsection 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 Mayor.
(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 thirty-two (32) square feet of floor area, and no single dimension of an employee's station shall exceed eight (8) 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 filed 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 (5.0) 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.
(16) All areas subject to this chapter accessible to patrons shall be maintained in a clean and sanitary condition. The surface of all floors, furniture, countertops, shades, blinds, vertical blinds, doors and walls of areas accessible to patrons shall be cleaned and sanitized a minimum of one time each twenty-four (24) hours with an industrial strength cleaner.
(17) All floors, furniture, countertops, shades, blinds, vertical blinds, doors and walls of areas accessible to patrons shall be renovated or be replaced as needed. All furniture must be kept free from holes and rips.
(18) Any individual cleaning or sanitizing the areas accessible to patrons shall utilize an appropriate and effective adaptation of the U.S. Center for Disease Control's universal precautions for the prevention of transmission of the HIV virus and other diseases. Such procedure shall be reviewed and approved by the Building Department. A copy of the approved procedure shall be kept on file at the sexually oriented business and a copy shall be provided to each person cleaning or sanitizing the areas accessible to the patrons. Each such individual shall certify that he has read and understood the procedures by signing a copy of the procedure. The signed copy shall be kept as a part of the records of the sexually oriented business and be open for inspection by the Building Department.
(b) A person who operates a sexually oriented business shall be guilty of a misdemeanor of the third degree if he operates a sexually oriented business in violation of subsection (a) hereof.
(Ord. 1999-198. Passed 11-18-99.)