It shall be a violation of this chapter for any business entity or licensee
to operate or for any person to be an operator or employee of an adult use
establishment where the business entity, licensee or person knows or should
know:
A.
That the establishment does not have an adult use permit
or adult use license for any applicable classification.
B.
That the adult use establishment has a license which
is under suspension.
C.
That the adult use establishment has a license which
has been revoked.
D.
That the adult use establishment has a license which
has expired or been canceled.
A.
It shall be a violation of this chapter for any business entity or licensee to operate or for any person to be an operator or employee of an adult use establishment which does not satisfy all of the general requirements of § 147-29 of this chapter.
C.
It shall be a violation of this chapter for any business entity or licensee to operate or for any person to be an operator or employee of an adult cabaret or adult theater which does not satisfy all of the special requirements of § 147-31 of this chapter.
D.
It shall be a violation of this chapter for any business
entity or licensee to operate or for any person to be an operator or employee
of an adult use establishment and to knowingly, or with reason to know, permit,
suffer or allow the entrance or exit of the adult use establishment to be
locked when a person other than an employee is inside the establishment.
E.
It shall be a violation of this chapter for any business
entity or licensee to sell or otherwise provide or to suffer or permit the
possession or consumption of alcoholic beverages in an adult use establishment.
For purposes of this subsection, the area encompassed by the adult use establishment
shall include all areas within the approved site plan of the adult use establishment,
excluding other licensed businesses within the site.
[Amended 6-25-1996 by Ord.
No. 96-04]
It shall be a violation of this chapter for any business entity, licensee
or for any operator of an adult use establishment, regardless of whether licensed
under this chapter, to knowingly, or with reason to know, permit, suffer or
allow any employee:
A.
To engage in any specified sexual activity at the adult
use establishment.
C.
To display or expose any specified anatomical area while
simulating any specified sexual activity with any other person at the adult
use establishment, including with another employee.
D.
To engage in a private performance unless such employee is in an area which complies with the special requirements of § 147-31.
E.
To, while engaged in the display or exposure of any specified
anatomical area, intentionally touch, either directly or through a medium,
any person, except another employee, at the adult use establishment, excluding,
for purposes of passing a gratuity, that part of the person's arm distal to
the wrist, commonly referred to as the hand, provided that the person maintains
a distance of two (2) feet from the employee.
F.
To intentionally touch, either directly or through a
medium, the clothed or unclothed body of any person at the adult use establishment,
excluding another employee, at any point below the waist and above the knee
of the person or to intentionally touch, either directly or through a medium,
the clothed or unclothed breast of any female person, other than another employee.
G.
To intentionally straddle the legs of an employee over
any part of the body of a person other than another employee at the establishment,
regardless of whether there is a touch or touching.
H.
To, while engaged in the display or exposure of any specified
anatomical areas, voluntarily be within three (3) feet of any person other
than another employee.
I.
To intentionally display or expose any specified anatomical
areas in the adult use establishment when alcoholic beverages are present;
or to consume or possess any alcoholic beverage in the adult use establishment.
[Added 6-25-1996 by Ord.
No. 96-04]
It shall be a violation of this chapter for an operator of an adult
use establishment, regardless of whether it is licensed under this chapter,
to advertise the presentation of any activity prohibited by any applicable
state statute or this chapter.
It shall be a violation of this chapter for an operator of an adult
use establishment, regardless of whether it is licensed under this chapter,
to knowingly, or with reason to know, permit, suffer or allow:
A.
Admittance to the adult use establishment of a person
under eighteen (18) years of age.
B.
A person under eighteen (18) years of age to remain at
the adult use establishment.
C.
A person under eighteen (18) years of age to purchase
goods or services at the adult use establishment.
D.
A person to work at the adult use establishment as an
employee who is under eighteen (18) years of age.
It shall be a violation of this chapter for any person to act as an
employee of an adult use establishment that he knows or should know is not
licensed under this chapter or which has a license which is under suspension,
has been revoked or canceled or has expired.
It shall be a violation of this chapter to be an operator of an adult use establishment, regardless of whether it is licensed under this chapter, at which the records for employees required by § 147-28 have not been compiled, are not maintained or are not available for inspection.
It shall be a violation of this chapter for any employee of an adult use establishment, regardless of whether it is licensed under this chapter, to engage in any of the activities described in § 147-37.
[Amended 6-25-1996 by Ord.
No. 96-04]
A.
Except for the minimal touching allowed and as regulated in § 147-37E involving the passing of a gratuity, it shall be a violation of this chapter for any person in an adult use establishment, other than another employee, to intentionally touch, either directly or through a medium, an employee who is displaying or exposing any specified anatomical area at the adult entertainment establishment.
B.
It shall be a violation of this chapter for any person
in an adult use establishment, other than another employee, to intentionally
touch, either directly or through a medium, the clothed or unclothed breast
of an employee or to touch, either directly or through a medium, the clothed
body of any employee at any point below the waist and above the knee of the
employee.
C.
Except involving the minimal touching of an employee's hand allowed in § 147-37E involving the passing of a gratuity, it shall be a violation of this chapter for any person, except another employee, to voluntarily be within three (3) feet of any employee displaying or exposing any specified anatomical area at the adult use establishment.
D.
It shall be a violation of this chapter for any person
in an adult use establishment to purchase, possess or consume any alcoholic
beverage.
It shall be a violation of this chapter for any person to occupy an adult booth in which booth there are more people than that specified on the posted sign required by § 147-30.
Notwithstanding any provision indicating to the contrary, it shall not
be a violation of this chapter for any employee of an adult use establishment,
regardless of whether it is licensed under this chapter, to expose any specified
anatomical area during the employee's bona fide use of a rest room or during
the employee's bona fide use of a dressing room which is accessible only to
employees.
A.
It shall be a violation of this chapter for any operator
of an adult use establishment to allow such adult use establishment to remain
open for business or to permit any employee to engage in a performance, solicit
a performance, make a sale, solicit a sale, provide a service or solicit a
service between the hours of 2:00 a.m. and 8:00 a.m. of any particular day.
B.
It shall be a violation of this chapter for any employee
of an adult use establishment to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service or solicit a service between
the hours of 2:00 a.m. and 8:00 a.m. of any particular day.
C.
Subsections A and B above apply regardless of whether employees are no longer participating in the sale or rental of adult material, the display of specified anatomical areas or engaged in specified sexual activities after 2:00 a.m. An adult use establishment, licensed or permitted as such, will be considered an adult use at all times and is subject to all provisions of these regulations until such time as the adult use license or permit is suspended, canceled, revoked or voluntarily terminated.
It shall be a violation of this chapter for any person to alter or otherwise
change the contents of an adult use license without the written permission
of the Department of Community Improvement.
It shall be a violation of this chapter for any person applying for
an adult use license to make a false statement which is intended to facilitate
the issuance of a license or to provide false information which is intended
to facilitate the issuance of a license.
A.
Whoever violates any section of Article VII of this chapter shall be prosecuted and punished by a fine not to exceed five hundred dollars ($500.) or imprisonment for a term not exceeding sixty (60) days, or both a fine and imprisonment, as may be imposed by County Court.
B.
In addition to the penalty provided for violation of ordinances in § 1-16 of the City Code, adult bookstores, adult theaters, special cabarets, physical culture establishments or adult photographic or modeling studios not in conformity with the requirements shall be subject to the appropriate civil action, including injunctive relief, in the court of appropriate jurisdiction for their abatement. Each day that any violation is committed shall constitute a separate offense. Violations of the general provisions of § 147-29E, F or G or the applicable special requirements of § 147-30A(1)(a), (b), (c) and (d), § 147-30A(4) and (5), § 147-30B, C and D and § 147-31 shall constitute separate offenses after the time period allowed under § 147-23A has lapsed.
C.
It is the responsibility of the licensee, owner, employee
or operator of an adult use business establishment to ensure compliance with
this chapter, notwithstanding the issuance of an occupational license, building
permit, zoning clearance for an alcohol license or any other governmental
permit.
In prosecutions for violations of § 147-37, 147-42 or 147-43 of this chapter, it is a rebuttable presumption, where relevant, that the person with whom the charged individual is alleged to have performed the prohibited act is not an employee. It is an affirmative defense, where applicable, that the individual involved in the alleged violation is an employee with whom the otherwise prohibited act is allowed.
