(a) A person who operates or causes to be operated a sexually oriented business, whether or not such business has obtained a sexually oriented business license, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which exhibits specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager’s stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit 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 shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Enforcement Officer 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 or viewing room may be made without the prior approval of the Enforcement Officer;
(4) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Paragraph 1 of this subsection;
(5) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) foot candle as measured at the floor level. It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied or open for business;
(6) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, to ensure that no sexual activity occurs in or on the licensed premises;
(7) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person;
(8) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing rooms;
(9) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, who discover two or more patrons in a viewing room or discover any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such person(s) from the premises;
(10) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s) present on the premises, who discover an opening of any kind between viewing rooms, to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction;
(11) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s) and/or employee(s), during each business day, to regularly inspect the walls between viewing rooms for openings of any kind;
(12) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s), to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
A. That no loitering is permitted in viewing rooms;
B. That the occupancy of viewing rooms is limited to one person;
C. That sexual activity on the premises is prohibited;
D. That the making of openings between viewing rooms is prohibited;
E. That violators will be required to leave the premises;
F. That violations of Subparagraphs B. C. and D., of this paragraph are unlawful;
(13) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s), to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting;
(14) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s), to ensure that all wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy, are constructed of, or permanently covered by nonporous easily cleanable material;
(15) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s), to ensure that premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:
A. The sexually oriented business licensee, and its licensed operator(s), shall maintain a regular cleaning schedule, documented by appropriate logs, and shall employ sufficient personnel to assure the establishment is clean;
B. The sexually oriented business licensee, and its licensed operator(s) and/or employee(s), to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance;
C. Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces;
(16) It shall be the duty of the sexually oriented business licensee, and its licensed operator(s), to ensure any seating within a viewing room is designed so as to accommodate one person only.
(17) 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, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. A manager’s station shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) 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 paragraph must be by direct line of sight from the manager’s station. It is the duty of the sexually oriented business licensee, and its licensed operator(s), to ensure that at least one licensed employee is on duty and situated in each manager’s station at all times that any patron is on the premises. It shall be the duty of the sexually oriented business licensee, and its licensed operator(s), and it shall also be the duty of any licensed employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 00-82. Passed 12-19-00.)