(A) A person who operates, or causes to be operated, a sexually oriented business which exhibits on the premises a film, video cassette, live entertainment, sells adult oriented merchandise including books, magazines, novelty items, computer software, videos or shows other video reproductions which depicts specified sexual activities shall comply with the following requirements.
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place in which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall be required; however, each diagram should be oriented to the north or to some designated street and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal inches.
(2) No alteration in the configuration of a manager’s station may be made without prior approval of the Planning and Development Director, or his or her designee.
(3) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times when a patron is inside the premises to ensure that no illegal activity is taking place within the establishment.
(4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction or surveillance equipment, books or any items offered for sale. If the premises has two or more manager’s stations, then the interior of the premises shall be configured in such a manner that there is an unobstructive view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations, excluding restrooms. The view required in this division (A)(4) shall be by direct line of sight from the manager’s station.
(5) It shall be the duty of the owner(s) and operator(s), and it shall be the duty of any agent(s) and employee(s) present in the premises, to ensure that the view area specified in division (A)(4) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as off limits to patrons.
(6) Sexually oriented businesses shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access. It shall be the duty of the owners and operator, and it shall be the duty of any agents and employees present in the premises, to ensure that this illumination is maintained at all times when any patron is present within the premises.
(7) Adult motion picture theaters, adult mini motion picture theaters and adult theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access. It shall be the duty of the owners and operator, and it shall be the duty of any agents and employees present in the premises, to ensure that this illumination is maintained at all times when any patron is present within the premises.
(8) Adult motion picture theaters and adult theaters shall be in an enclosed building with no less than 100 fixed seats. No private viewing rooms or semi-private booths are allowed.
(9) An adult mini motion picture theater shall not allow more than one person in a viewing room at any time.
(10) No owner or operator shall allow openings of any kind to exist between viewing rooms within an adult mini motion picture theater.
(11) The owner or operator of an adult mini motion picture theater shall, during each business day, regularly inspect the walls between the viewing rooms to determine if any openings or holes exist.
(12) The owner or operator of an adult mini motion picture theater shall cause all floor coverings in viewing rooms to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13) The owner or operator of an adult mini motion picture theater shall cause all wall and ceiling surfaces in viewing rooms to be constructed of, or permanently covered by, nonporous, easily cleanable material.
(B) A person having a duty under divisions (A)(1) through (A)(13) above is in violation of this subchapter if he or she knowingly, willfully, or intentionally fails to fulfill that duty.
(Ord. passed 11-26-2002, § 116.12) Penalty, see § 155.999