(A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which either exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other view reproduction which depicts specified sexual activities or specified anatomical areas; or has a room or booth (excluding rest rooms) of less than 150 square feet to which patrons are admitted for any reason, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the 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 with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises. The Town Manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Town Manger or his designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises. It is the duty of the owners and operator of the premises and the employees who are present to ensure that no more than one person occupies a room or booth at any time, and that all other entrances to rooms, booths or viewing areas (and to the aisles, walkways, and hallways leading to rooms, booths, or viewing areas) are maintained free of any obstruction such as a door, curtain, panel, board, slat, ribbon, cord, rope, chain, or other device.
(5) 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 rest rooms. Rest rooms may not contain video reproduction equipment, cameras, or any other kind of photographic equipment. If the premises have two or more manager’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 manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of all employees present in the premises to ensure that the line of sight and view area specified in division (A)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks and other materials at all times that any patron is present in the premises and to ensure that no patron is permitted in the area designated in the application filed pursuant to division (A)(1) of this section.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to an illumination of not less than one footcandle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of all 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.
(9) No operator, owner, or employee shall allow openings of any kind to exist between rooms or booths.
(10) No person shall make or attempt to make an opening of any kind between rooms or booths.
(11) The operator or owner, shall, during each business day, regularly inspect the walls between the rooms or booths to determine if any openings or holes exist.
(12) The owner or operator shall cause all floor coverings in rooms, booths, and viewing areas to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13) The owner or operator shall cause all wall surfaces and seating surfaces in rooms, booths, and viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(B) A person having a duty under divisions (A)(1) through (13) of this section commits an offense if the person fails to fulfill that duty.
(Ord. passed 5-3-94) Penalty, see § 111.99