A. Adult Business:
1. In addition to all other requirements under this chapter and subsection 10-3-5J and title 11, appendix C, of this Code, any applicant for a conditional use permit as an adult business shall also submit a diagram, drawn to scale, of the premises. The design and construction shall conform to the following:
a. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
b. Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one (1) person to be allowed in the restroom per stall and only one (1) person in any stall at a time and requiring that patrons shall not be allowed access to manager's station areas.
c. For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded.
d. The diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity.
2. It shall be the duty of the permit holder and its employees to ensure that the views from the manager's station of all areas specified in subsection A1a of this section remain unobstructed by any doors, walls, merchandise, display racks or any other materials, at all times that any patron is present in the premises, and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
3. The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) foot-candle measured at floor level. It shall be the duty of the permit holder and its employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises. Further, there shall be adequate outside lighting in such intensity to illuminate the parking lot which services the facility or business. Motion lighting is an acceptable method of illumination for this outside lighting requirement.
4. There shall be no outside neon lighting or spotlighting of the building or facility.
5. Outside signage shall be limited to signs which are affixed to the building or facility. Freestanding signs or off site signs are prohibited.
B. Nude And Seminude Entertainment Business:
1. Adult theaters shall require that the performance area shall be separated from the patrons by a minimum of six feet (6'), which separation shall be delineated by a physical barrier at least three feet (3') high.
2. It is unlawful for business premises operating under a conditional use permit for nude or seminude entertainment to:
a. Permit a bed, sofa, mattress or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance.
b. Allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors and restrooms to be lockable from the inside.
c. Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet (3') high and six inches (6") wide. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.
3. All illumination at the business premises must be sufficient so that all objects are plainly visible at all times.
4. There shall be no outside neon lighting or spotlighting of the building or facility.
5. Outside signage shall be limited to signs which are affixed to the building or facility. Freestanding signs or off site signs are prohibited. (Ord. 710, 12-17-2008, eff. 1-1-2009)