A.
Each adult entertainment establishment shall, regardless of whether
it is licensed, observe the following general requirements:
(1)
Conform to all applicable building statutes, ordinances, and regulations,
whether federal, state or local;
(2)
Conform to all applicable fire statutes, ordinances, and regulations,
whether federal, state or local;
(3)
Conform to all applicable health statutes, ordinances, and regulations,
whether federal, state or local;
(4)
Conform to all applicable zoning regulations and land use laws, whether
state or local;
(5)
Keep the adult entertainment license posted in a conspicuous place
at the establishment at all times, which license shall be available
for inspection upon request at all times by the public; and
(6)
Opaquely cover each non-opaque area through which a person outside
the establishment may otherwise see inside the establishment, except
as otherwise provided by law.
A.
Adult theater. In addition to the general requirements for an adult
entertainment establishment, an adult theater shall, regardless of
whether it is licensed, observe the following special requirements:
(1)
If the adult theater contains a hall or auditorium area, the area
shall comply with each of the following provisions:
(a)
Have individual or separate seats, not couches, benches, beds
or the like, to accommodate the maximum number of persons who may
occupy the area;
(b)
Have a continuous main aisle along side of the seating areas
in order that each person seated in the areas shall be visible from
the aisle at all times;
(c)
Have a sign posted in a conspicuous place at or near each entrance
way to the hall or auditorium area which lists the maximum number
of persons who may occupy the hall or auditorium area, which number
shall not exceed the number of seats within the hall or auditorium
area;
(d)
Post an AIDS information sign on the side of the door that opens
and allows patrons to enter the theater; and
(e)
Provide and display to the public, at a place near the main
entrance of the establishment, information, brochures or pamphlets
available from the Grant County Health Department that deal with AIDS
or communicable diseases.
(2)
If the adult theater contains adult booths, each adult booth shall
comply with each of the following provisions:
(a)
Have a sign posted in a conspicuous place at or near the entrance
way which states that only one person may occupy the booth;
(b)
Have a permanently open entrance way for each booth not less
than three feet two inches wide and not less than seven feet high,
which will never be closed or partially closed by any curtain, door
or other partition which would be capable of wholly or partially obscuring
any person situated in the booth; no curtains, doors or other partitions
shall be affixed, attached or connected to the permanently open entrance
way of any booth;
(c)
Have one individual seat, not a couch, bench or the like;
(d)
Have a continuous main aisle along beside the booth in order
that each person situated in the booth shall be visible from the aisle
at all times;
(e)
Have, except for the open entrance way for each, for each booth
walls or partitions of solid construction without any holes or openings
in such walls or partitions;
(f)
Post an AIDS information sign at the open entrance way to the
adult booths; and
(g)
Provide and display to the public, at a place near the main
entrance of the establishment, information, brochures or pamphlets
available from the Grant County Health Department that deal with AIDS
or communicable diseases.
(3)
If the adult theater is designed to permit outdoor viewing by a person(s)
seated in automobiles, it shall have the motion picture screen so
situated and the perimeter of the establishment so fenced or screened
that the adult material to be seen by those persons may not be seen
from any public right-of-way or from surrounding properties.
B.
Adult dancing establishment. In addition to the general requirements for an adult entertainment establishment contained in §§ 135-24 and 135-26, an adult dancing establishment shall, regardless of whether it is licensed, observe the following special requirements:
(1)
In adult entertainment establishments which do not sell, serve or allow the consumption of alcohol beverages, the exposure by any employee of human genitals, pubic region or cleavage of the human buttocks, or any other specified anatomical area defined in § 135-7 or any simulation thereof to public view shall be restricted to the stage required in Subsection B(2) below. Non-employees or patrons shall not be permitted closer than four feet to the stage edge when any employees expose those anatomical areas listed in this subsection.
(2)
It shall have a stage provided for the display or exposure of human genitals, pubic region or cleavage of the human buttocks or any other specified anatomical area defined in § 135-7 by any employee to a person other than another employee consisting of a permanent platform (or other similar permanent structure) raised a minimum of 18 inches above the surrounding floor and encompassing an area of at least 100 square feet; and
(3)
Any area in which a private performance occurs shall:
(a)
Have a permanently open entrance way not less than seven feet
wide and not less than seven feet high, which entrance way will never
be closed or partially closed by any curtain, door or other partition
which would be capable of wholly or partially obscuring any person
situated in the area;
(b)
Have a wall-to-wall, floor-to-ceiling partition of solid construction
without any holes or openings which partition may be completely or
partially transparent and which partition separates the employee from
the person viewing the display; and
(c)
Have, except for the entranceway, walls or partitions of solid
construction without any holes or openings in such walls or partitions.
A.
No person or employee shall expose to public view his or her human
genitals, pubic region, cleavage of the human buttocks, or any simulation
thereof in any establishment selling, serving or allowing the consumption
of alcohol beverages.
B.
No person maintaining, owning or operating an establishment serving
alcohol beverages shall suffer or permit any person or employee to
expose to public view his or her human genitals, pubic region, cleavage
of the human buttocks, or simulation thereof within the establishment
selling, serving or allowing the consumption of alcohol beverages.
C.
No person maintaining, owning or operating an establishment serving
alcohol beverages shall suffer or permit the exposure to public view
of any human genitals, pubic region, or cleavage of the human buttocks,
or the simulation thereof within the establishment selling, serving
or allowing the consumption of alcohol beverages.
D.
No person shall cause and no person maintaining, owning or operating
an establishment serving alcohol beverages shall suffer or permit
the exposition of any graphic representation, including pictures or
projection of film, which depicts specified anatomical areas, engage
in any specified sexual activities or any other sexual act prohibited
by law, or any simulation thereof, within any establishment selling,
serving or allowing the consumption of alcohol beverages.
