The use of booths, rooms, or cubicles in an adult business can, by reasons of their design and intended use, facilitate the spread of sexually transmitted diseases (both fatal and nonfatal). Insofar as the city has a substantial government interest in protecting the public health, safety, and welfare of its citizens and all persons within the city, the following standards have been propounded to eliminate the possibility of infection by contagious sexually transmitted diseases.
(A) All booths, rooms or cubicles for the private viewing of any adults-only items or movies shall comply with the following standards:
(1) They must be totally accessible both to and from lighted aisles and public areas of the adult business;
(2) The bottom surfaces of any doors must measure at least 42 inches from the floor surface;
(3) No surfaces intended for seating may be located therein;
(4) No door may be fitted with or obstructed by any lock mechanism or other control-type device;
(5) They must be separated from adjacent booths, rooms, or cubicles and any non-public areas by a solid wall without any opening and extended from the floor to a height of at least six feet;
(6) They must be lit by light bulbs of at least 25 watts when the adult business is open for business; and
(7) All doors or openings must be sufficiently unobstructed such that an operator, employee, or agent may determine the number of persons within any booth, room, or cubicle.
(B) Only one person shall occupy a booth, room, or cubicle at any time; and, at no time, shall the occupant therein engage in any type of sexual conduct resulting in the discharge of any bodily fluids while within a booth or cubicle.
(C) All wall and floor surfaces must be of a light-colored, non-absorbent, smooth texture that is easily cleaned.
(D) All public areas of an adult business must be lit by light bulbs of at least 60 watts when the adult business is open for business.
(Prior Code, § 129.06) (Ord. 05-06, passed 6-6-2005)