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(a) Adult entertainment enterprises and their on-site managers shall not allow an adult entertainment employee to:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person on the licensed premises.
(3) Perform real or simulated sexual acts while on the licensed premises.
(4) Have sexual contact with dildos, vibrators or other objects while viewed by any person on the licensed premises.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment being provided on the licensed premises.
(b) Adult entertainment enterprises and their on-site managers shall not aid, offer, solicit or agree with a patron to allow an adult entertainment employee to:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person.
(3) Perform real or simulated sexual acts.
(4) Have sexual contact with dildos, vibrators or other objects while viewed by any person.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment.
(c) Adult entertainment enterprises and their on-site managers shall:
(1) Not allow any materials, devices and novelties for sale to be displayed so that the items can be seen from outside the premises.
(2) Not knowingly permit any person to stimulate or masturbate their genitals, anus or female breast while on the licensed premises.
(3) Not allow more than one (1) person at any time to occupy individually enclosed booths or small enclosed viewing areas suitable for use by one (1) person.
(4) Not allow the storage, buying, selling or consumption of alcoholic beverages anywhere on the licensed premises.
(5) Not allow any persons to engage in any type of gambling on the licensed premises.
(6) Only allow individual enclosed booths or small enclosed areas suitable for use in viewing by one (1) person to be on the licensed premises when such separate rooms, booths or partitioned areas are visible from a continuous main aisle. Any door, curtain, wall or other partition covering the doorway of a viewing booth shall end at least thirty (30) inches above the highest floor level of the booth and provide a view of the occupant from at least the waist down when seated. There shall be no openings or holes between the viewing areas, other than doorways.
(7) Maintain each licensed premises in a clean and sanitary condition at all times.
(8) Equip and maintain each licensed premises 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 (1.0) footcandle as measured at floor level.
(9) Conspicuously post and maintain on the licensed premises, where employees and patrons can easily see them, a copy of this section, 7-217, listing all the unlawful activities prohibited herein.
(d) Adult entertainment enterprises shall not operate when open to the public without having an on-site manager physically on the premises and in control of the adult entertainment enterprise.
(e) Adult entertainment employees shall not:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person on the licensed premises.
(3) Perform real or simulated sexual acts while on the licensed premises.
(4) Have sexual contact with dildos, vibrators or other objects while being viewed by any person on the licensed premises.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment being provided on the licensed premises.
(f) Adult entertainment employees shall not aid, offer, solicit or agree with a patron to:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person.
(3) Perform real or simulated sexual acts.
(4) Have sexual contact with dildos, vibrators or other objects while being viewed by any person.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment.
(g) Patrons of adult entertainment enterprises shall:
(1) Not have sexual contact with dildos, vibrators or other objects while on the licensed premises.
(2) Not touch, stimulate or masturbate any part of their genitals, anus or female breast while on the licensed premises.
(3) Only enter into and remain alone in individually enclosed booths or small enclosed viewing areas suitable for use by one (1) person.
(4) Not bring any alcoholic beverages upon the licensed premises.
(5) Not engage in any type of gambling while on the licensed premises.
(h) Patrons of adult entertainment enterprises shall not aid, offer, solicit or agree with an adult entertainment employee to:
(1) Have sexual contact with dildos, vibrators or other objects.
(2) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another.
(Ord. No. 7299, § 11, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 5, 4-11-94)
(1) For the first time shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months, and by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00).
(2) For a second time shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months, and by a fine of not less than three hundred dollars ($300.00) nor more than two thousand five hundred dollars ($2,500.00).
(3) For a third time shall be punished by imprisonment for not less than forty (40) days nor more than six (6) months, and by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00).
(4) For a fourth time shall be punished by imprisonment for not less than eighty (80) days nor more than six (6) months, and by a fine of not less than nine hundred dollars ($900.00) nor more than two thousand five hundred dollars ($2,500.00).
(5) For a fifth or subsequent time shall be punished by imprisonment for not less than one hundred sixty (160) days nor more than six (6) months, and by a fine of not less than one thousand seven hundred dollars ($1,700.00) nor more than two thousand five hundred dollars ($2,500.00).
(1) For the first time shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than two thousand five hundred dollars ($2,500.00).
(2) For the second time shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00).
(3) For the third time shall be punished by a fine of not less than seven hundred fifty dollars ($750.00) nor more than two thousand five hundred dollars ($2,500.00).
(4) For the fourth time shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00).
(5) For the fifth or subsequent time shall be punished by a fine of not less than two thousand dollars ($2,000.00) nor more than two thousand five hundred dollars ($2,500.00).
(c) No judge may grant probation without imposing, or suspend the imposition of, the minimum jail sentences and fines prescribed herein upon a person convicted of any offense prohibited in sections 7-209, 7-213, 7-214 and 7-217. In addition, a person convicted of any offense prohibited in sections 7-209, 7-213, 7-214 and 7-217 may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(Ord. No. 7299, § 12, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 5, 4-11-94)
ARTICLE XI.
RESERVED*
RESERVED*
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* Note: See the editor's note to art. XIII of this chapter, § 7-300.
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ARTICLE XII.
ADULT CARE HOMES AND FACILITIES
ADULT CARE HOMES AND FACILITIES
(a) An application for an adult care license shall be filed by the owner of the adult care home or facility on forms provided by the revenue department. The information required at the time of application shall include but not be limited to the following:
(1) The name, address and signature of the owner of the adult care home or facility.
(2) The address of the adult care home or facility to be licensed.
(3) A copy of the zoning compliance certificate issued by the zoning administrator for the adult care home or facility to be licensed.
(b) The owner of an adult care home or facility shall notify the city revenue department within thirty (30) days of any change in the name or address of the owner.
(Ord. No. 6820, § 1, 10-26-87)
Upon application and before issuance or renewal of an adult care license, the appropriate city departments shall inspect the adult care home or facility to determine compliance with the provisions of chapters 6 and 23 of the Tucson Code. No adult care license shall be issued or renewed unless the adult care home or facility is in compliance with the provisions of chapters 6 and 23 of the Tucson Code. After issuance or renewal of an adult care license, the owner or manager of each adult care home or facility shall submit to unannounced inspections of the premises at least once a year.
(Ord. No. 6820, § 1, 10-26-87)
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