711.17 ADDITIONAL REGULATIONS CONCERNING THE OPERATION OF SEXUALLY ORIENTED BUSINESSES.
   (a)    Nudity, Sexual Activity, Live Entertainment and Performances.
       (1)    No employee on the premises of a sexually oriented business may appear in a state of "nudity", as defined in Section 711.02, or engage in "specified sexual activities" in a state of "nudity", as those terms are defined in Section 711.02.
       (2)    No employee shall engage in any "specified sexual activity", as defined in Section 711.02, on the premises of a sexually oriented business.
       (3)    All live entertainment and performances, or any employee appearing on the premises in a state of "seminudity", as defined in Section 711.02 of this chapter, in a sexually oriented business must take place on a stage that is at least eighteen (18) inches from the floor and a distance of at least forty-eight (48) inches from all parts of a clearly designated area in which patrons will be present.
       (4)    No employee, as defined in Section 711.02, appearing on the premises of a sexually oriented business in a state of seminudity, may intentionally touch, either directly or through a medium, any person, except another employee.
       (5)    No employee, as defined in Section 711.02, while engaged in the display or exposure of any specified anatomical area, may intentionally touch, either directly or through a medium, any person, except another employee, at the sexually oriented business, excluding, for purposes of passing a gratuity, that part of the person's arm distal to the wrist, commonly referred to as the hand, provided the person maintains a distance of two (2) feet from the employee.
       (6)    No employee, as defined in Section 711.02, may intentionally touch, either directly or through a medium, the clothed or unclothed body of any person at the sexually oriented business, excluding another employee, at any point below the waist and above the knee of the person, or intentionally touch, either directly or through a medium, the clothed or unclothed breast of any female person, other than another employee.
       (7)    No employee, as defined in Section 711.02, may intentionally straddle his or her legs over any part of the body of a person other than another employee at the establishment, regardless of whether there is a touch or touching.
       (8)    No employee, as defined in Section 711.02, may, while engaged in the display or exposure of any specified anatomical areas, voluntarily be within four (4) feet of any person other than another employee.
        (9)    Any live entertainment that is provided on the premises of a sexually oriented business, in a private or semiprivate room, to five (5) or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a "viewing booth" under Section 711.02 and therefore is not subject to the provisions of Section 711.15.
   The provisions of this subsection (a) hereof shall not apply to an employee's bona fide use of a restroom or of a single-sex dressing room that is accessible only to entertainers.
   (b)    Dressing Rooms. All sexually oriented businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by any one other than entertainers.
   (c)    Minors Prohibited.
       (1)    No person under the age of eighteen (18) years shall be permitted on the premises of a sexually oriented business.
       (2)    No person under the age of eighteen (18) years shall be permitted to purchase goods or services at a sexually oriented business.
       (3)    Two forms of identification, one with a picture, shall be required to be provided by each customer or patron prior to entry to the sexually oriented business.
 
   (d)    Hours of Operation. No sexually oriented business shall remain open at any time between the hours of 2:30 a.m. and 7:00 a.m. on weekdays and Saturdays, and 2:30 a.m. and noon (12:00 p.m.) on Sundays, nor shall any entertainment, service, or product be provided to a customer on the premises of a sexually oriented business during those hours.
   (e)    Minimum Lighting Level.
       (1)    The premises of every sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five (5.0) foot-candles as measured at floor level.
       (2)    The illumination described in subsection (e)(1) hereof 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.
 
   (f)    Exterior Display. No sexually oriented business shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 711.02, or any person in a state of nudity or seminudity, whether by means of display, decoration, sign, window or any other means.
   (g)    Advertising Prohibited Activity. It shall be a violation of this chapter for an operator of a sexually oriented business, regardless of whether it is licensed under this chapter, to advertise the presentation of any activity prohibited by an applicable State statute or local ordinance.
   (h)    Except as otherwise provided in this paragraph, any person who violates subsection (a) hereof or any person who operates a sexually oriented business and knowingly permits a violation of subsection (a) hereof on the premises, shall be guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (a) hereof, a violation of subsection (a) hereof will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of subsection (a) hereof, a violation of subsection (a) hereof will be considered a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a) hereof will be considered a misdemeanor of the first degree.
   (i)    Any person who operates a sexually oriented business and knowingly permits a violation of subsection (f) hereof on the premises shall be guilty of a misdemeanor of the first degree.
    (j)   Any person who operates a sexually oriented business in violation of subsection (b), (d), or (e) hereof shall be guilty of a misdemeanor of the fourth degree.
   (k)    Any operator of a sexually oriented business or his agent or employee who recklessly violates, or operates a sexually oriented business in violation of, subsection (c) hereof commits a misdemeanor of the second degree. Mistake of age is not a defense to a charge under this section, unless the person under age 18 who was permitted on the premises exhibited to the operator or his agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen (18) years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under eighteen (18) years old.
(Ord. 1999-198. Passed 11-18-99.)