709.07 CONDUCT PROHIBITED IN ADULT CABARETS.

   (a)   No person shall knowingly or intentionally in an adult cabaret engage in sexual conduct as defined in Section 709.01.

   (b)   No employee of an adult cabaret shall, while such employee is in state of nudity, knowingly or intentionally:

      (1)   Initiate any physical contact with such employee; or

      (2)   Permit a customer of such adult cabaret, while such employee is in a state of nudity, to have any physical contact with such customer. This subsection (b) shall not prohibit an employee or a customer from taking such action as is necessary to repel physical contact; nor shall this subsection (b) prohibit an employee or customer from initiating or permitting such contact as is necessary to protect the health and safety of any person.

   (c)   Any and all live adult performances shall be performed on a platform or stage at least twenty-four inches above the immediate floor level and removed at least six feet from the nearest person. No one performing live adult performances shall solicit any gratuity from any person.

   (d)   No person shall be an employee at an adult cabaret:

      (1)   Who is not at least eighteen years of age;

      (2)   Who, within the past three years, has been convicted of a felony; or

      (3)   Who, within the past three years, has been convicted of prostitution, procuring, pandering obscenity, violation of this section, or other crime of a sexual nature.

   (e)   No person under the age of eighteen years shall be permitted on the premises of an adult cabaret. To ensure that there is no violation of this subsection, there shall at all times during the hours that such adult cabaret is open for business be stationed at each entrance to the adult cabaret an employee who shall require of each person seeking admittance two identification documents. At least one of the identification documents must be either a current driver’s license or state-issued identification cared, and in either case must contain the full name, birth and photograph of the holder.

   (f)   No person who operates an adult cabaret shall intentionally, knowingly or recklessly violate or permit a violation of any provision of subsections (a), (b), (c), (d) or (e) hereof. As used herein, a person shall be deemed to “operate” an adult cabaret if such person manages, controls or holds primary responsibility for the operation of such adult cabaret.

(Ord. 05-212. Passed 7-20-05.)