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(a) The operator, manager, or employee of any sexually- oriented business containing one or more motion picture arcade booths shall comply with the requirements of subsection (b) herein if the material exhibited by the devices depicts any of the following elements:
(1) Vaginal or anal intercourse between persons, regardless of sex;
(2) Sexual contact between humans and animals;
(3) Masturbation, whether of another or one's self;
(4) Oral sex, real or simulated;
(5) Graphic depiction of human excretory functions;
(b) The operator, manager, or employee of any sexually- oriented business shall ensure that each and every viewing booth for all film or video devices complies with all of the following:
(1) Be visible from a well-illuminated continuous main aisle;
(2) Any curtain, door or other enclosure as part of a viewing booth must be installed at least 16 inches in height from the floor.
(3) All side or rear walls must be without holes or openings;
(4) Shall not be occupied by more than one patron at a time;
(5) Be illuminated by a light bulb of a wattage of no less than 25 watts;
(6) All floor coverings in viewing rooms shall be nonporous, easily cleanable surfaces, with no rugs or carpeting;
(7) All wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy shall be constructed of, or permanently covered by nonporous easily cleanable material;
(8) The premises shall be kept clean and sanitary at all time.
(c) No owners, operator, employee, or agent of an amusement arcade shall knowingly violate this section.
(d) No patron of an amusement arcade shall knowingly violate subsection (b)(4) above.
(e) No operator, employee, or agent in charge of a premises shall knowingly permit a violation of this section to occur.
(Ord. 2-03. Passed 1-21-03; Ord. 491-10. Passed 9-14-10.)
(a) A sexually-oriented business which regularly features persons who appear in a state of nudity or semi-nudity as defined by Ohio Revised Code Section 2907.39 or live performances which are characterized by specified sexual activities shall be operated in accordance with the following regulations. It is unlawful for an operator to knowingly fail to ensure compliance with the following regulations.
(1) A person shall not appear in a state of nudity or semi-nudity except upon a stage elevated at least 18 inches above floor level.
A "no touch" restriction as defined by Ohio Revised Code Section 2907.40 (C)(1) and (2) shall apply between employees and patrons in which an employee is nude or semi-nude.
(2) No person shall appear in a state of nudity or semi-nudity in a live performance in a sexually-oriented business other than on the stage required in Section 767.06(a)(1).
(3) A person below the age of 18 years may not observe or appear in a state of nudity or semi-nudity or in such live performances on the premises of a sexually-oriented business.
(4) A sign measuring 18 inches by 18 inches with characters of size 16 font shall be conspicuously displayed in the common area of the premises, and shall read as follows:
"This Sexually-Oriented Business is regulated by The Toledo Municipal Code, Chapter 767 and Ohio Revised Code 2907, which provides that no patron shall be permitted to have any physical contact with any nude or seminude entertainer on the premises."
(Ord. 450-11. Passed 10-4-11.)
(a) An operator is responsible for the conduct of all entertainers while on the premises.
(b) No operator or employee on the premises for furthering the business of a sexually-oriented business shall knowingly allow any minor to loiter around or to frequent a sexually-oriented business or to allow any minor to view sexually-oriented entertainment as defined herein on the premises of a sexually-oriented business.
(c) No operator or employee shall knowingly allow a violation of any provision of this chapter.
(d) It is unlawful to install enclosed booths for the purpose of viewing of adult media. The operator shall be responsible for and shall provide that any booth, or area used for the purpose of viewing adult media shall be readily accessible at all times and shall be continuously open to view in its entirety according to the provisions of Section 767.05.
(e) Live nude or seminude entertainment shall not be permitted in booths.
(f) It shall be the duty of the operator to ensure that the line of sight and view area between the common area and any booths remain unobstructed by any doors, walls, merchandise, display racks or other materials at any time that any patron is permitted access to any booth. Entertainers and employees, on the premises for furthering the business, shall not place any obstruction in front of any booths at any time that any patron is permitted access to any booth.
(g) It shall be the duty of the operator and employees, on the premises for furthering the business, to ensure that the illumination in booths, described in Section 767.05(b)(5) is maintained at all times that any patron is present on the premises.
(h) No operator shall knowingly allow openings of any kind to exist between booths, and no person, including entertainers and employees shall make or attempt to make an opening of any kind between any booths.
(i) The operator or his or her designee shall, during each business day, regularly inspect the walls between the booths to determine if any openings or holes exist. If such openings exist, it is the duty of the operator to repair the damage as soon as possible. No patron shall be permitted access to a booth where an opening or a hole exists. It shall be the duty of the operator to ensure those booths are unoccupied by patrons until the opening is repaired or covered.
(Ord. 450-11. Passed 10-4-11.)
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