Borough of Tullytown, PA Adult Businesses

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and

Human male genitals in a discernibly turgid state, even if completely opaquely covered;

SPECIFIED SEXUAL ACTIVITIES

Any device, costume or covering that simulates any of the body part included in Subsections (1) or (2) above.

Includes any of the following, whether performed directly or indirectly through clothing or other coverings:

Human genitals in a state of sexual stimulation or arousal;

Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy;

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;

Masturbation, actual or simulated; and

Excretory functions as part of or in connection with any of the other activities described in Subsections (1) through (4) of this definition.

The foregoing definitions are generic. The uses and businesses governed by Subsection A include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in Subsection A.

§ 39-3 Excluded activities.

This chapter does not apply to any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.

§ 39-4 Permit required.

It shall be unlawful for any person to engage in, conduct, or carry a permit to be engaged in, conducted or carried on, in or upon any premises within the Borough the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit issued by the Code Enforcement Officer as required by this chapter.

A permit shall be issued to any applicant who has complied with all the following requirements:

The applicant has paid the adult business application fee required pursuant to Subsection C.

The applicant has not made a material misrepresentation in the application for a license.

The establishment, including the building and lot or portion thereof where the establishment is or is proposed to be situated, and the physical facilities and maintenance related thereto, complies with all the requirements of this chapter, as determined pursuant to one or more inspections conducted by investigating officials of the Borough.

Each application for a permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the Borough Council. The application fee shall be used to defray, in part, administrative costs incurred in the processing of the application, and is not made in lieu of any other fees or taxes required under this Code.

§ 39-5 Application for permit.

Any person who proposes to operate, maintain or conduct an adult business in the Borough shall first submit to the Code Enforcement Officer a complete application for an adult business permit on a form provided by the Borough containing the information set forth in this section, and payment of the required Borough nonrefundable application fee as established by resolution and amended by the Borough Council from time to time. An application which is not accompanied by the required application fee shall not be deemed a complete application.

If the applicant is an individual, the individual shall state his/her complete name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

If the applicant is a partnership, the partners shall state the partnership's complete name, registered fictitious names, address, the names and addresses of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

If the applicant is a corporation, the corporation shall provide its name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Pennsylvania, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

Each application shall contain:

A narrative description of the proposed or existing adult business for which the permit is requested, which shall include hours of operation, number of employees and description of titles and/or positions.

A sketch or diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms including rest rooms, office space, storage areas and public areas, and dimensions. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Rest rooms made available in the ordinary course of business only to employees, and not to the general public or customers, shall be specifically identified as such on the sketch or diagram.

A site plan showing the lot or property on which the adult business is or will be located, the location of the building or portion thereof in which the adult business is or will be located, the number of available parking spaces, the location and type of available and proposed lighting, landscaping, trash enclosures, and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to scale with marked dimensions to an accuracy of plus or minus one foot.

The full name, address and telephone number of the property owner and/or property management company if different from the applicant, a copy of the lease agreement in effect at the time of the application, if any, and a copy of any other agreements, easements, conditions, covenants, restrictions or other such documents, if any, that contain evidence affecting the use or operation of the lot, property premises or structures which will be subject to the permit for which the application has been submitted. If any of the documents identified in this subsection do not exist, the application shall contain a statement to that effect. If any of the documents identified in this subsection exist but are not available to the applicant, the application shall contain a statement to that effect, together with a statement describing the contents of the documents to the best of the applicant's knowledge, including the terms of any such leases, or other agreements, easements, conditions, covenants, restrictions and other such documents.

Each application shall also contain the following information about the applicant, if the applicant is an individual:

Full name, including any aliases, current residential address, telephone number, date of birth, social security number, and driver's license number.

The previous address of each applicant for a period of three years immediately prior to the date of application and the dates of residence on each.

Written proof that the applicant is at least 18 years of age.

Applicant's height, weight, color of eyes and hair.

Business, occupation or employment history of the applicant for three years immediately preceding the date of the application.

(6)

Two recent passport-style color photographs.

An adult business establishment lawfully existing and operating on the effective date of this chapter shall apply for a permit within 90 days therefrom and shall be allowed to continue operating during the pendency of the application process, including judicial review of a license denial or restriction, unless otherwise ordered by a court of competent jurisdiction. No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

Upon application of any adult business establishment not lawfully existing and operating on the effective date of this chapter, a temporary permit not to exceed 30 days shall be issued immediately upon receipt of a completed application. This permit shall in all other respects be controlled by the provisions of immediately preceding Subsection I.

§ 39-6 Application processing.

Upon receipt of a completed application and payment of the application and permit fees, the application shall be immediately stamped as received by the Code Enforcement Officer.

Within 30 days of receipt of the completed application, the Code Enforcement Officer or his designated official shall conduct and complete an investigation of the information contained in the application to determine whether the applicant shall be issued an adult business permit in accordance with the provisions of this chapter and notify the applicant as follows:

The Code Enforcement Officer shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

If the application is denied, the Code Enforcement Officer shall provide a written statement of the reasons for denial.

If the application is granted, the Code Enforcement Officer shall issue an adult business permit.

The application as granted or denied and the permit, if any, shall be sent by United States mail, first-class postage prepaid, addressed to the applicant to the address stated in the application.

The Code Enforcement Officer shall grant the application and issue a business permit upon finding that the applicant has met all of the standards and requirements of this chapter. A permit shall be deemed issued in the event the required inspections are not completed in a timely manner, unless the failure to complete said inspections is the result of any delay by the applicant, or to the applicant's refusal or inability to allow the required inspection within 10 days of the end of the specified time period. No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this chapter under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicants business.

Upon notification that the permit has been granted by the Code Enforcement Officer, or if the director fails to either grant or deny the application within 30 days of receipt of a completed application, the applicant may begin operating as an adult business pursuant to the terms and conditions of the permit as set forth in this chapter. The permittee shall post the permit conspicuously in the premises of the adult business establishment. Notification of the issuance of a permit, or of a permit being deemed issued under any provision of this chapter, shall be given to the applicant by first-class mail to the address provided in the application.

Each adult business permit shall expire one year from the date of issuance, or the date it is deemed issued, and may be renewed only by filing with the Code Enforcement Officer a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Each application for renewal shall be acted on and processed as provided herein for action upon applications for permits.

§ 39-7 Denial of permit.

Within 30 days of receipt of a completed application, the Code Enforcement Officer shall deny an application for a permit if he or she makes any of the following findings:

The establishment, including the building or portion thereof where the adult business is or is proposed to be situated, and the physical facilities and maintenance related thereto, lacks or is denied a use and occupancy permit or fails to comply with all applicable provisions of this chapter.

The applicant, his or her employee, agent, partner, director, officer or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit.

The applicant, or any of the following persons, has had a license or permit issued pursuant to this chapter revoked within one year of the date of the application.

(a)

If the applicant is a corporation, any officer or director of the corporation.

(b)

If the applicant is a partnership, any general or limited partner or applicant.

Transmittal of decision. The permit or decision to deny the application shall be given to the applicant in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The decision shall be mailed, certified mail, return receipt requested, postage prepaid, addressed to the applicant at the last known address of the applicant, and the address on the most recent permit application.

§ 39-8 Appeal of denial.

Appeal to Council. Within 10 days from the deposit of the denial in the mail or from its receipt by applicant, the applicant may appeal in writing to the Council setting forth with particularity the ground or grounds for the appeal. Any appeal hereunder to Council shall be conducted according to the Pennsylvania Local Agency Law. The burden of proof shall in all cases rest with the Borough. No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

Hearing on appeal. The Council or a committee of Council, consisting of at least three members, or any other applicable Borough officer, shall hear the appeal and shall set a time and place for the hearing on the appeal not less than 10 days nor more than 30 days from the date the appeal was received.

Disposition of appeal. After the hearing on the appeal, the Council Committee may refer the matter back to the Code Enforcement Officer for a new investigation and decision, may affirm the denial of the application by the Code Enforcement Officer, or may approve the application. The matter shall not be referred back to the Code Enforcement Officer unless the applicant consents. Notice of the committee's decision shall be mailed to the applicant within 10 days of the hearing date. A permit shall be deemed issued if the Council committee shall fail to render a decision within the time required by this section. The permit so issued shall be governed and issued according to the provisions of § 39-6 hereof. No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

§ 39-9 Reapplication after denial.

An applicant whose application for a license has been denied may reapply for such license after a period of not less than one year has elapsed from the date such denial was deposited in the mail or received by the applicant, whichever occurs first; provided, however, that an earlier reapplication may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.

§ 39-10 Grounds for permit suspension or revocation.

A permittee may be subject to suspension or revocation of a permit issued pursuant to this chapter, or be subject to other appropriate disciplinary action, for any of the following grounds arising from the acts or omissions of the permittee, or employee, agent, partner, director, stockholder, or manager of an adult business:

The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or reports required to be filed with the Borough.

The establishment, including the building and lot or portion thereof where the establishment is or is proposed to be situated, and the physical facilities and maintenance related thereto, fails to comply with all provisions of this chapter.

The permittee, employee, agent, partner, director, stockholder, or manager of the adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business establishment:

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

The use of the establishment as a place where unlawful solicitation of sexual intercourse, sodomy, oral copulation or masturbation openly occur.

The occurrence of acts of lewdness or prostitution as those terms are defined in 18 Pa.C.S.A. §§ 5902 and 5901.

Any act constituting a violation of 18 Pa.C.S.A. § 5903, relating to the distribution of obscene and other sexual materials and performances.

Any act constituting a violation of provisions relating to the distribution of dissemination of obscene matter to minors or that would constitute corruption of minors as that is defined in 18 Pa.C.S.A. § 6301.

(6)

Any conduct constituting a criminal offense of which an essential element consists of the use of force or violence.

(7)

Any act constituting a felony involving the sale, use, possession, possession for sale of any controlled substance.

Failure to comply with one or more of the facilities and operations requirements set forth in § 39-14.

The existence of a condition of the premises as hazardous or unsafe for human occupancy, in which event the Borough shall have the right to elect as an alternative to the procedures established hereunder to petition any court or competent jurisdiction for an order suspending the permit on such terms and conditions as the court may determine.

No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

§ 39-11 Notice of permit violations and proceedings.

Upon determining that grounds for permit suspension or revocation exist, the Code Enforcement Officer shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing. and the ground or grounds upon which the hearing, is based, the pertinent code sections, and a statement of the factual matters in support thereof. The notice shall be mailed; postage prepaid, addressed to the last known address of the permittee, and/or shall be delivered to the permittee personally.

Hearing before Council. A hearing hereunder before Council shall be conducted according to the Pennsylvania Local Agency Law. The burden of proof shall in all cases rest with the Borough at every stage or the proceedings. No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

Hearing or appeal. The Council or a committee of Council, consisting of at least three members, or any other applicable Borough officer, shall hear the appeal and shall set a time and place for the hearing on the appeal not less than 10 days nor more than 30 days from the date of the Code Enforcement Officer's written notice pursuant to this section.

Disposition of appeal. After the hearing, the Council Committee may refer the matter back to the Code Enforcement Officer for a new investigation and decision, may affirm the denial of the application by the Code Enforcement Officer, or may approve the application. The matter shall not be referred back to the Code Enforcement Officer unless the applicant consents. Notice of the committee's decision shall be mailed to the applicant within 10 days of the hearing date. A permit shall be deemed not to have been suspended or revoked if the Council committee shall fail to render a decision within the time required by this section. No provision herein shall be deemed to waive, limit or restrict the Borough's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Borough to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any zoning, building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

§ 39-12 No refund of fee.

No refund or rebate of a permit fee shall be allowed by reason of the fact the permit discontinues an activity for which a permit is required pursuant to this chapter, or that the license is suspended or revoked.

§ 39-13 Return of permit.

In the event that a permit is canceled, suspended, revoked, or invalidated, the permit shall be forwarded to the Code Enforcement Officer not later than the end of the third business day after notification of such cancellation, suspension, revocation, or invalidation.

§ 39-14 Facilities and operation requirements.

All adult business establishments subject to the provisions of this chapter shall comply with the following facilities and operations requirements:

All adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specific sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

All off-street parking area and premises entries of the adult business should be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

With the exception of adult cabarets, each adult business subject to this chapter shall close and remain closed from 12:00 midnight to 9:00 a.m. the following day.

The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the Director of Public Safety or designee. No person under the age of 18 years shall be permitted within the premises at any time.

All indoor areas of the adult business shall be physically arranged in such a manner that the entire interior portion of the booths, rooms, cubicles or stalls where adult entertainment is provided shall be clearly visible from the common areas of the premises, excluding rest rooms. Rest rooms may not contain video reproduction equipment.

Visibility into booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.

No adult business shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.

No viewing room may be occupied by more than one person at any one time.

Customers, patrons or visitors shall not be allowed to stand idly by or in the vicinity of any such video booths, or from remaining in the common area of such business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner's and operator's license to conduct the adult-oriented establishment.

All areas of the adult 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 footcandle as measured at the floor level. It should be the duty of the operator and operator's agents to insure that the illumination required by this subsection is maintained at all times that a patron is present or the premises.

The adult business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms shall not contain television monitors or other motion-picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to patrons or the general public.

The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.

The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. No cameras or other surveillance devices shall be installed or maintained by the adult business owner or operator in the dressing room facilities for the purpose of broadcasting or projecting images for viewing by the patrons of the establishment or for broadcasting or projecting images over the Internet.

The adult business shall provide an entrance/exit for entertainers separate from the entrance/exit used by patrons.

The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult business.

(6)

Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(7)

Any of the foregoing provisions may be waived, modified or altered if the physical characteristics of the premises upon which the adult business is conducted are such that compliance with these provisions is impossible or impractical. The standards and procedures governing such waivers, modifications or alterations shall be those that govern zoning variances, and the burden of proof shall be on the applicant to justify the proposed waiver, modification or alteration.

Adult businesses shall employ security guards in order to maintain public peace and safety, based upon the following standards:

Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

Security guard(s) for other adult businesses may be required if it is determined by the Code Enforcement Officer that their presence is necessary in order to prevent any of the conduct listed in § 39-10 from occurring on the premises.