City of DuBois, PA
Clearfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of DuBois 5-12-1997 by Ord. No. 1576 (Ch. 10, Part 4, of the 1995 Code). Amendments noted where applicable.]
It is the intent of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to reduce the deleterious adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material.
For purposes of this chapter, the words and phrases defined hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE
A commercial establishment which regularly excludes minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein and which, as a substantial or significant portion of its business, offers for sale or rental, for any form of consideration, any one or more of the following:
A. 
Books, magazines, periodicals or other printed matter, which depict or describe specified sexual activities or specified anatomical areas.
B. 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities or specified anatomical areas.
ADULT CABARET
A commercial establishment which regularly features live performances or activities, which are characterized by the exposure of specified anatomical areas or by specified sexual activities and which emphasize and seek, through the conduct of one or more dancers or performers, to arouse or excite the sexual desires of its patrons for the purpose of advancing the economic welfare of a commercial establishment or business enterprise. Nothing in the definition of "adult cabaret" shall be construed to apply to the presentation, showing or performance of any play, drama or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or other similar establishment, intended as a form of expression of opinion or communication of ideas or information, that a reasonable person would find when taken as a whole has serious literary, artistic, political or scientific value even if the performance may include the exposure of specified anatomical areas or specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which:
A. 
Offers accommodations to the public for any form of consideration, provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, not intended as a form of expression of opinion or communication of ideas or information that a reasonable person would find when taken as a whole has serious literary, artistic, political or scientific value, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.
B. 
As a regular course and practice of business, offers a sleeping room for rent for a period of time that is less than 10 hours.
C. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
CITY CODES ENFORCEMENT OFFICER or CODES ENFORCEMENT OFFICER
The Codes Enforcement Officer of the City of DuBois or such person or persons as may be designated by the City Codes Enforcement Officer.
CITY MANAGER or MANAGER
The City Manager of the City of DuBois or such person or persons as may be designated by the City Manager.
EMPLOYEE
An individual working or performing services for any sexually oriented business, including any independent contractor who provides services on behalf of any sexually oriented business to the patrons of such business.
ESTABLISHED or ESTABLISHMENT
Any of the following:
A. 
The opening or commencement of any sexually oriented business as a new business.
B. 
The conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business.
C. 
The addition of any sexually oriented business to any other existing sexually oriented business.
D. 
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.
NONPOROUS
Shall exclude any wood, plywood, composition board or other porous material.
NUDITY or A STATE OF NUDITY
Shall mean:
A. 
The appearance of the cleft of the buttocks, anus, male genitals, female genitals or areola of the female breast.
B. 
A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals or areola of the female breast.
OPERATE or CAUSE TO BE OPERATED
To cause to function or to put or keep in operation. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business, whether or not that person is an owner, part owner or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult cabaret, adult motel, adult entertainment out-call services in the form of nude dancing or exhibition, or any combination of such businesses.
A. 
Human genitals in a state of sexual arousal.
B. 
The appearance of the cleft of the buttocks, anus, male or female genitals or areola of the female breast.
C. 
A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male or female genitals or areola of the female breast.
SPECIFIED SEXUAL ACTIVITY
Shall have the same meaning as "sexual conduct," as defined in 18 Pa.C.S.A. § 5903(e)(3), as amended.
TRANSFER OF OWNERSHIP OR CONTROL
Transfer of ownership or control of a sexually oriented business shall mean any of the following:
A. 
The sale, lease or sublease of the business.
B. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
C. 
The establishment of a trust, gift or other similar legal device, which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM
The room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette or other video reproduction.
Sexually oriented business shall be classified as follows:
A. 
Adult arcades.
B. 
Adult bookstores.
C. 
Adult cabarets.
D. 
Adult motels.
E. 
Any combination or classifications set forth in Subsections A through D of this section.
A. 
It shall be unlawful for any person to operate a sexually oriented business or conduct such services in the City of DuBois without a valid sexually oriented business license issued by the City of DuBois for the particular type of business or to employ a person who is not licensed as a sexually oriented business employee, as provided by Subsection B of this section, or who is not authorized to work or perform services pursuant to Subsection C of this section.
B. 
Except as provided in Subsection C of this section, it shall be unlawful for any person to be an employee of a sexually oriented business or to conduct such services in the City of DuBois without a valid license. The provisions of this subsection shall not apply to an employee of an adult bookstore, unless such bookstores are operated in combination with one or more businesses classified in § 346-3A, C or D.
C. 
An applicant, upon receipt by the City Codes Enforcement Officer of his or her application for a sexually oriented business employee license, may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final, pursuant to § 346-11 of this chapter. Upon receipt of the applicant's completed application for an employee's license, the City Codes Enforcement Officer shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services and produce such permit for inspection upon request by a law enforcement officer or other authorized City official.
D. 
An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the City Codes Enforcement Officer an application made on a form prescribed by the City Manager and provided by the City Codes Enforcement Officer. The applicant shall be qualified according to the provisions of this chapter. The application shall be signed under oath by the applicant and notarized. The application shall include, but not be limited to, the information called for in Subsection D(1) to (8) as follows:
(1) 
The full true name and any other names used in the preceding five years.
(2) 
Current residential address, business address and telephone numbers.
(3) 
If the application is for a sexually oriented business license, the name, business location, business mailing address and phone number of the proposed sexually oriented business.
(4) 
Written proof of age, in the form of a birth certificate, current Pennsylvania driver's license with picture, or other picture identification document issued by a governmental agency.
(5) 
Two identical, passport quality photographs of the applicant, approximately two inches by two inches in size, taken within the preceding month.
(6) 
The issuing jurisdiction and the effective dates of any license or permit relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefor.
(7) 
All criminal charges, complaints, information or indictments in the preceding 10 years which resulted in the conviction or a plea of guilty or no contest for any offense described in 18 Pa.C.S.A. Chapter 31, 59 or 63.
(8) 
If the application is for sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to Subsection D(1) to (8) of this section shall be supplemented in writing by certified mail, return receipt requested, to the City Codes Enforcement Officer within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(9) 
The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with § 346-14 of this chapter shall submit a diagram meeting the requirements of § 346-14.
(10) 
If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 346-5 of this chapter, and each applicant shall be considered a licensee if a license is granted.
(11) 
A person whose possesses a valid video-center license or theater license is not exempt from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a video-center license or theater license shall comply with the requirements and provisions of this chapter when applicable.
(12) 
The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the City Codes Enforcement Officer on a confidential basis, except that such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function, or as may otherwise be required by law.
A. 
The City Codes Enforcement Officer shall approve or deny the issuance of a license to an applicant for a sexually oriented business license or sexually oriented business employee license within 30 days after receipt of an application. The City Codes Enforcement Officer shall approve the issuance of a license unless one or more of the following is found to be true:
(1) 
An applicant is less than 18 years of age.
(2) 
An applicant or an applicant's spouse is delinquent in the payment to the City of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business or arising out of any other business activity owned or operated by the applicant or the applicant's spouse and licensed by the City.
(3) 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) 
An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than an offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) 
The license application fee required by this section has not been paid.
(6) 
An applicant of the proposed establishment is in violation of or is not in compliance with any portion of any ordinance of the City of DuBois.
(7) 
An applicant or an applicant's spouse:
(a) 
Has been convicted of any offense in violation of 18 Pa.C.S.A. Chapter 31, 59 or 63 in this state or any offense committed outside this state which, if committed in this state, would constitute an offense in violation of 18 Pa.C.S.A. Chapter 31, 59 or 63.
(b) 
For which:
[1] 
Less than 10 years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense, or is of a misdemeanor offense involving moral turpitude.
[2] 
Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony or misdemeanor offense not involving moral turpitude.
[3] 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
B. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
C. 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in § 346-5A(7)(a) for which the time period required has elapsed
D. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other authorized City official.
The nonrefundable application fees for a sexually oriented business license or a sexually oriented business employee license shall be set by the City Manager at an amount determined by the City Manager as sufficient to pay the cost of administering this program.
A. 
An applicant, operator or licensee shall permit law enforcement officers, and any other federal, state, county or City agency in the performance of any function connected with the enforcement of this chapter normally and regularly conducted by such agencies, to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.
B. 
It shall be unlawful for a licensee, operator or employee of a sexually oriented business to refuse to permit a law enforcement officer or any agency enumerated in Subsection A of this section to inspect the premises at any time the premises are occupied or open for business.
C. 
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in §§ 346-4 and 346-6 of this chapter. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
The City Codes Enforcement Officer, upon the direction of the City Manager, shall suspend a sexually oriented business license for a period not to exceed 30 days if the City Manager determines that the licensee or an employee of the licensee has:
A. 
Violated or is not in compliance with any ordinance of the City of DuBois.
B. 
Has been on the sexually oriented business premises while in an intoxicated or disorderly condition.
C. 
Refused to allow an inspection of the sexually oriented business premises.
D. 
Knowingly permitted gambling by any person on the sexually oriented business premises.
A. 
The City Codes Enforcement Officer, upon the direction of the City Manager, shall revoke a sexually oriented business license if a cause of suspension in § 346-9 occurs and the license has been suspended within the preceding 12 months.
B. 
The City Codes Enforcement Officer shall revoke a sexually oriented business license, upon direction of the City Manager, if the City Manager determines that:
(1) 
A licensee gave false or misleading information in the application.
(2) 
A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.
(3) 
A licensee or an employee has knowingly allowed prostitution on the premises.
(4) 
A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended.
(5) 
A licensee has been convicted of an offense listed in § 346-5A(7)(a) for which the time period required in § 346-5A(7)(b) has not elapsed.
(6) 
On two or more occasions within a twelve-month period, a person or persons, while in or on the license premises, committed an offense listed in § 346-5A(7)(a), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed.
(7) 
A licensee or an employee has knowingly allowed any sexual activity to occur in or on the licensed premises. The term "sexual activity" shall have the same meaning as "sexual conduct" as it is defined in 18 Pa.C.S.A. § 5903(e)(3).
(8) 
A licensee is delinquent in payment to the City of taxes or fees related to the sexually oriented business or arising out of any other business activity owned or operated by the licensee and licensed by the City of DuBois.
C. 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
D. 
Subsection B(7) of this section does not apply to adult motels as grounds for revoking the license, unless the licensee or employee knowingly allowed sexual activity to occur in a public place or within public view.
E. 
When the City Codes Enforcement Officer revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date revocation becomes effective. If subsequent to revocation the City Manager finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license by the City Codes Enforcement Officer if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection B(5) of this section, an applicant may not be granted another license until the appropriate number of years required under § 346-5A(7)(b) has elapsed.
A. 
If the City Manager determines that probable grounds exist for denial, suspension or revocation of a license under this chapter, the City Manager shall advise the Codes Enforcement Officer, and the Codes Enforcement Officer shall notify the applicant or licensee (respondent), in writing, of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the City Codes Enforcement Officer. Within 10 working days of receipt of such notice, the respondent may provide to the City Codes Enforcement Officer, in writing, a response, which shall include a statement of reasons why the license or permit should not be denied, suspended or revoked. If a response is not received by the City Codes Enforcement Officer in the time stated or, if after review, the City Manager finds that grounds exist for denial, suspension or revocation, then such action shall become final, and notice of such final action sent to the applicant or licensee. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction. If the City Manager finds that no grounds exist for denial, suspension or revocation of a license, then the City Manager shall cause the City Codes Enforcement Officer to withdraw the intent to deny, suspend or revoke the license, and the City Codes Enforcement Officer shall so notify the respondent, in writing, by delivery or by certified mail of such action.
B. 
When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction.
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
A. 
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel, as that term is defined in this chapter.
B. 
It shall be unlawful for a person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business to rent or subrent a sleeping room to a person and, within 10 hours from the time the room is rented, rent or subrent the same sleeping room again.
C. 
For purposes of Subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
A. 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Each application for a sexually oriented business license shall contain a diagram of the premises, showing the location of all managers' stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and rest rooms, and shall designate all portions of the premises in which patrons will not be permitted. Rest rooms shall not contain video-reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Codes Enforcement Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the City Manager.
(4) 
It shall be the duty of the operation, and of any employees present on the premises, 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 Subsection A(1) of this section.
(5) 
The interior 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 shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied or open for business.
(6) 
It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.
(7) 
It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.
(8) 
It shall be the duty of the operator, and of any employees present on the premises, to ensure no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing booths.
(9) 
It shall be the duty of the operator, or of any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing room, to immediately escort such person from the premises.
(10) 
It shall be the duty of the operator or of any employee, who discovers an opening of any kind between viewing rooms, to immediately secure such rooms and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.
(11) 
It shall be the duty of the operator, during each business day, to regularly inspect the walls between viewing rooms for openings of any kind.
(12) 
It shall be the duty of the operator and of any employee on the premises to initiate and enforce a "no loitering" policy in viewing rooms.
(13) 
It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business, stating all of the following:
(a) 
That no loitering is permitted in viewing rooms.
(b) 
That the occupancy of viewing rooms is limited to one person.
(c) 
That sexual activity on the premises is prohibited.
(d) 
That the making of openings between viewing rooms is prohibited.
(e) 
That violators will be required to leave the premises.
(f) 
That violations of Subsection A(13)(b), (c) and (d) of this section are unlawful.
(14) 
It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.
(15) 
It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy, are constructed of or permanently covered by nonporous, easily cleanable material.
(16) 
It shall be the duty of the operator to ensure that premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:
(a) 
The operator shall maintain a regular cleaning schedule, documented by appropriate logs, and shall employ sufficient personnel to assure the establishment is clean.
(b) 
The operator shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection, solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.
(c) 
Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras and windows and other surfaces.
(17) 
It shall be the duty of the operator to ensure any seating within a viewing room is designed so as to accommodate one person only.
(18) 
It shall be the duty of the operator to provide in a conspicuous place on the premises free information relating to the prevention of sexually transmitted diseases, including AIDS.
(19) 
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, including the interior of each viewing room, but excluding rest rooms, to which any patron is permitted access for any purpose. A manager's station shall not exceed 32 square feet of floor area. If the premises has two or more managers' 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 purpose from at least one of the managers' stations. The view required in this subsection must be by direct line of sight from the manager's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
B. 
It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
A. 
It shall be the duty of the operator of a sexually oriented business to:
(1) 
Initiate and enforce a "no loitering" policy within the external boundaries of the real property upon which the sexually oriented business is located.
(2) 
Post conspicuous signs stating that no loitering is permitted on such property.
(3) 
Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 30 minutes or inspecting such property by use of video cameras and monitors.
(4) 
Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.
B. 
It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
[Amended 3-23-1998 by Ord. No. 1586]
A person who violates any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs, or imprisonment for any term not exceeding 90 days, or both. Every day that a violation of this chapter continues shall constitute a separate offense.
The provisions of this chapter shall apply to the activities of all persons and sexually oriented businesses described herein, whether such business or activities were established or commenced before, on or after the effective date of this chapter.
A sexually oriented business which features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities shall be operated in accordance with the following regulations, and it is unlawful for a licensee or operator to knowingly fail to ensure compliance with the following regulations:
A. 
A person shall not appear in a state of nudity or engage in a live performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities except upon a stage elevated at least 18 inches above floor level. All parts of the stage, or a clearly designated area thereof within which the person appears in a state of nudity or performs, shall be a distance of at least three feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a barrier or railing the top of which is at least three feet above floor level. No person appearing in a state of nudity or engaging in such live performances or a patron may extend any part of his or her body over or beyond the barrier or railing.
B. 
An employee may not touch the breast, buttocks or genitals of the patron nor may a patron touch the breast, buttocks or genitals of an employee.
C. 
A patron may not place any money on the person or in or on the costume of an employee.
D. 
A person below the age of 18 years may not observe or appear in a state of nudity or in such live performances on the premises of a sexually oriented business.
E. 
A sign in a form to be prescribed by the City Manager and summarizing the provisions of Subsections A, C and D of this section shall be distributed by the City Codes Enforcement Officer and shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
The City Council of the City of DuBois declares this chapter to be an emergency measure necessary for the preservation of the public peace, health and safety, and it shall go into effect on passage. The reason for the necessity for immediate effect is the need to limit the negative secondary effects of urban blight, increased crime, diminution of property values on existing business and surrounding residences.