Each adult use establishment shall, regardless of whether it is licensed,
observe the following general requirements. It shall:
A.
Conform to all applicable building statutes, codes, ordinances
and regulations, whether federal, state or local.
B.
Conform to all applicable fire statutes, codes, ordinances
and regulations, whether federal, state or local.
C.
Conform to all applicable health statutes, codes, ordinances
and regulations, whether federal, state or local.
D.
Conform to all applicable zoning regulations and land
use laws, whether state or local.
E.
Keep the adult use license posted in a conspicuous place
at the adult use establishment at all times, which license shall be available
for inspection upon request at all times by the public. Adult bookstores,
operating only as adult bookstores, shall keep the adult use permit posted
in a conspicuous place at the adult bookstore at all times, which permit shall
be available for inspection upon request at all times by the public.
F.
Opaquely cover each nonopaque area through which a person
outside the establishment may otherwise see inside the establishment. All
activities of adult uses involving the display of specified anatomical areas
or involving specified sexual activities must be inside the establishment
and not visible to a person outside the establishment.
In addition to the general requirements for an adult use establishment contained in § 147-29, and the special requirements of § 147-31, an adult theater shall, regardless of whether it is licensed, observe the following special requirements.
A.
Adult theaters with a hall or auditorium areas.
(1)
If the adult theater contains a hall or auditorium area,
the area shall comply with each of the following provisions. It shall:
(a)
Have individual, separate seats, not couches, benches
or the like, to accommodate the maximum number of persons who may occupy the
area.
(b)
Have a continuous main aisle alongside 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 entranceway 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)
Have one (1) or more manager's stations. No one (1) manager's
station can exceed thirty-two (32) square feet of floor area. 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 to which any patron
is permitted access for any purpose, excluding rest rooms. Adult material
shall not be available or allowed in rest rooms. 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 purposes
from at least one (1) of the manager's stations. The view required in this
subsection must be by direct line of sight from the manager's station.
(2)
It shall be the duty of the licensee, the owner and the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in § 147-30A(1)(d) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and 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 § 147-13.
(3)
It is the duty of the licensee, the owners and the operator
of the premises to ensure that at least one (1) employee is on duty and situated
in each manager's station at all times that any patron is present inside the
premises and that the employee is continually monitoring the activities in
the adult theater for violations of the provisions of this chapter and of
state law.
(4)
The licensee of an adult theater may seek a variance from the provisions of § 147-30A(1)(d), (2) and (3). The variance request shall follow the procedural requirements established for variances under Chapter 130, Land Development Regulations, of the City Code with a hearing before the Planning and Zoning Board and a hearing before the City Commission. The only criteria required for issuance of the variance is that the applicant must demonstrate that the licensee has proposed operational procedures sufficient to guarantee, to a degree similar to the provisions of those subsections, that the areas of the establishment to which patrons have access are monitored for violations of this chapter and of state law. If sufficiently conditioned to assure monitoring and notice to patrons, the direct line of sight requirement of § 147-30A(1)(d) may be varied by the substitution of video surveillance.
(a)
The City Commission may condition the variance so as
to satisfy itself that the operational procedures attendant to the variance
will be followed, including but not limited to recordkeeping requirements.
(b)
Failure to follow the conditions of the variance may
result in a review by the City Commission, at a public hearing, with full
notice and opportunity for the applicant to be heard. Revocation of the variance
may be justified if, based on the presentation at the hearing, the assurances
serving as the basis for issuance of the variance are not being satisfied.
(5)
The 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) footcandle
as measured at the floor level.
(6)
It shall be the duty of the licensee, the owners and
operator, and it shall also be the duty of any agents and employees present
in the premises, to ensure that the illumination described above is maintained
at all times that any patron is present in the premises.
B.
If the adult theater contains adult booths, each adult
booth shall comply with each of the following provisions:
(1)
Have a sign posted in a conspicuous place at or near
the entranceway which states that maximum number of persons who may occupy
the booth, which number shall correlate with the number of seats in the booth.
(2)
Have a permanently open entranceway not less than two
(2) feet wide and/or less than six (6) feet high, which entranceway shall
not have any curtain rods, hinges, rails or the like which would allow the
entranceway to be closed or partially closed by any curtain, door or other
partition.
(3)
Have individual, separate seats, not couches, benches
or the like, which correlate with the maximum number of persons who may occupy
the booth.
(4)
Have a continuous main aisle alongside the booth in order
that each person situated in the booth shall be visible from the aisle as
well as from the manager station at all times.
(5)
Have, except for the entranceway, walls or partitions
of solid construction without any holes or openings in such walls or partitions.
C.
Refurbishing of adult theaters.
(1)
Each adult theater subject to this chapter shall cover
the floors of areas accessible to patrons with smooth and nonpermeable flooring
which can withstand frequent effective cleaning with industrial-strength cleaning
agents. Carpeting of any type is prohibited.
(2)
Each adult theater subject to this chapter shall use
smooth and nonpermeable upholstery material which can withstand frequent cleaning
with industrial-strength cleaning agents to cover furniture permitted by this
chapter for the use of patrons.
(3)
Each adult theater subject to this chapter shall have,
in areas accessible to patrons, interior wall surfaces which can withstand
frequent cleaning with industrial-strength cleaning agents.
(4)
Each adult theater subject to this chapter shall use
only those shades, blinds and vertical blinds which can withstand frequent
cleaning with industrial-strength cleaning agents. Draperies are prohibited.
D.
Sanitation.
(1)
All areas of each adult theater subject to this chapter
accessible to patrons shall be maintained in a clean and sanitary condition.
The surfaces of all floors, furniture, countertops, shades, blinds, vertical
blinds, doors and walls of areas accessible to patrons shall be cleaned and
sanitized a minimum of one (1) time each twenty-four (24) hours with an industrial-strength
cleaner.
(2)
All floors, furniture, countertops, shades, blinds, vertical
blinds, doors and walls of areas accessible to patrons of adult theaters subject
to this chapter shall be renovated or be replaced as needed. All furniture
must be kept free from holes and rips.
(3)
Any individual cleaning or sanitizing the areas accessible
to patrons shall utilize an appropriate and effective adaptation of the United
States Centers for Disease Control's universal precautions for the prevention
of transmission of the HIV virus and other diseases. A copy of the approved
procedure shall be kept on file at the adult theater and a copy shall be provided
to each person cleaning or sanitizing the areas accessible to the patrons.
Each such individual shall certify that he has read and understood the procedures
by signing a copy of the procedure. The signed copy shall be kept as a part
of the records of the adult theater and shall be open for inspection by the
Department of Community Improvement.
In addition to the general requirements for an adult use establishment contained in § 147-29, a special cabaret, an adult photographic or modeling studio and an adult theater, regardless of whether it is licensed, shall observe the following special requirements:
A.
A stage shall be provided for the display or exposure
of any specified anatomical area by an employee to a person other than another
employee consisting of a permanent platform (or other similar permanent structure)
raised a minimum of eighteen (18) inches above the surrounding floor and encompassing
an area of at least one hundred (100) square feet.
B.
The stage shall be at least three (3) feet from the nearest
table, chair or other accommodation where food or drink is served or consumed.
C.
Any area in which a private performance occurs shall:
(1)
Have a permanently open entranceway not less than two
(2) feet wide and not less than six (6) feet high, which entranceway shall
not have any curtain rods, hinges, rails or the like which would allow the
entranceway to be closed or partially closed by any curtain, door or other
partition.
(2)
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.
