The following additional requirements shall pertain to sexually oriented business providing live entertainment depicting specified anatomical areas or involving specified sexual activities.
(A) No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.
ENTERTAINER shall mean any person who is an
employee or independent contractor of the sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business.
(B) The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.
(C) The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
(D) The sexually oriented business shall provide access for entertainers between the stage and dressing rooms which is completely separated from the patrons. If each separate access is not physically feasible, the sexually oriented business shall provide a minimum three foot wide walk aisle for entertainers, between the dressing room area and the stage, with a railing, fence, or other barrier, separating the patrons and the entertainers, capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
(E) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This division shall only apply to physical contact on the premises of the sexually oriented business.
(F) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this division.
(G) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
(H) No owner or other person with managerial control over a sexually oriented business (as that term is defined herein) shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the areola.
(I) Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupant limit of the premises is greater than 35 persons, an additional security guard shall be on duty. Additional security guards may be required if the occupancy limit of the premises is greater than 70 persons. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant of this division shall act as a door person, ticket seller, ticket taker, admittance person or sole occupant of the manager’s station while acting as a security guard.
(J) The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.
(K) Every permittee of a sexually oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises. The register shall be available for inspection during regular business hours by any designee by the City of Tulare.
(1995 Code, § 5.88.200) (Ord. 01-1875, passed - -2001; Ord. 01-1872, passed - -2001)