(A) Visibility.
(1) The entire interior of an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult video arcade, nude model studio and any non-conforming sexual encounter establishment and the entire concession area of an adult motion picture theater or adult theater, the entire common areas of an adult motel and the entire exhibition area of an adult motion picture theater or adult theater, shall be visible upon entrance to such areas.
(2) Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack or any other thing.
(3) No partially or fully enclosed booths or partially or fully concealed booths shall be maintained within the sexually oriented business.
(4) No patrons shall be permitted access to any area of the premises not visible from the entrance.
(5) Customers, patrons or visitors of adult arcades shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
(6) All areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area
|
Foot-Candles |
Bookstores and other retail establishments | 20 |
Theaters and cabarets | 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles |
Arcades | 10 |
(7) All off-street parking area and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of five foot candles of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
(B) Exceptions to visibility requirements.
(1) Section 5.88.170(A) shall not apply to those areas of a sexually oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to patrons.
(C) Private viewing booths or rooms.
(1) No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.
(2) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
(3) The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.
(D) Business hours.
(1) A sexually oriented business shall be open only between the hours of 9:00 a.m. to midnight on any particular day.
(2) At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her or him an obstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one open room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of the entirely at all times of all areas accessible to patrons.
(3) Every permittee shall ensure that all employees are familiar with the provisions of this chapter as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.
(G) Required physical modification to premises.
(1) Every permittee shall ensure that all employees are familiar with the provisions of this chapter as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.
(2) The reasonable period of time shall normally be 30 days from the effective date of the ordinance to file the appropriate plans and designs with the city, and up to 90 days thereafter for completion of the modifications.
(3) Every permittee shall ensure that all employees are familiar with the provisions of this chapter as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.
(H) Separate restrooms. The sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restroom(s) shall be free from any adult material. Restroom(s) shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a sexually oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
(I) No alcohol. No alcoholic beverages shall be served or consumed on the premises of any sexually oriented business.
(1995 Code, § 5.88.170) (Ord. 01-1872, passed - -2001)