A.
No person under the age of 21 years may enter an adult dry nightclub
unless accompanied by a parent or guardian.
B.
No person shall falsely represent himself to be either a parent or
guardian of another person under the age of 21 years for the purpose
of gaining the other person's admission into an adult dry nightclub.
C.
No licensee or employee of an adult dry nightclub shall knowingly
allow a person under the age of 21 years to enter or remain on the
premises of an adult dry nightclub.
D.
No licensee of an adult dry nightclub shall maintain or operate the
premises without posting a sign at each entrance to the business that
reads: "It is unlawful for any person under 21 years of age to enter
this premises without a parent or guardian." The sign shall be at
least four square feet in size and the lettering shall be at least
one inch in height.
A.
No person under the age of 15 or 21 years of age and over may enter
a minor dry nightclub.
B.
No person shall falsely represent himself to be 15 years of age or
older or under 21 years of age for the purpose of gaining admission
to a minor dry nightclub.
C.
No licensee or employee of a minor dry nightclub shall knowingly
allow a person under the age of 15 or 21 years of age or over to enter
or remain on the premises of the minor dry nightclub.
D.
No licensee of a minor dry nightclub shall maintain or operate the
premises without posting a conspicuous sign at the entrance to the
business that reads: "It is unlawful for any person under the age
of 15 or age 21 years of age or over to enter this premises." The
sign shall be at least four square feet in size and the lettering
shall be at least one inch in height.
F.
Valid identification including photograph and birth date must be
provided by any person entering or remaining in a minor dry nightclub.
A.
No person shall operate a minor dry nightclub during any hours other
than 4:00 p.m. to 12:00 midnight, with all patrons off the premises
by 12:30 a.m.
B.
No person shall operate an adult dry nightclub during any hours other
than 4:00 p.m. to 1:30 a.m. of the following day, with all patrons
off the premises by 2:00 a.m.
C.
No person shall operate a dry nightclub on Sundays except for the
period from 12:00 midnight to 1:30 a.m. for an adult dry nightclub.
A.
Security. The following security shall be provided at all dry nightclubs:
(1)
There shall be a minimum of two interior security personnel at least
21 years of age on duty during the hours when the club is open. If
the capacity of the club exceeds 200 persons, one additional security
person shall be required for each 50 persons over 200. The function
of the security personnel shall be only security; they shall not perform
other jobs such as dishwashers, bartenders, doorkeepers, etc., while
customers are in the building. Security personnel shall be attired
in a manner to be clearly identifiable as security personnel. Security
personnel must pass a background check similar to day-care workers.
(2)
When required by the City Manager, exterior security personnel shall be provided, subject to the same requirements of § 121-11A(1).
B.
Life safety. No person shall operate a dry nightclub in violation
of any applicable provisions of Fire, Building or the Life Safety
Codes.
No person shall operate a dry nightclub in violation of any
applicable provisions of the Zoning Code.
A.
A person who operates a dry nightclub shall designate a person as
the dry nightclub supervisor and shall register that supervisor's
name with the City Manager.
B.
The person designated as the dry nightclub supervisor shall comply with the requirements set forth in § 121-4 for applicants.
C.
The person designated as the dry nightclub supervisor shall remain
on the premises of the dry nightclub during all hours of operation
and until 30 minutes after closing to ensure that the operation is
conducted in accordance with all dry nightclub regulations hereof.
A.
Application for, and issuance of, any dry nightclub license shall
constitute consent by the licensee for representatives of Pocomoke
City or any other governmental agency to enter and inspect the premises
of the dry nightclub at any time it is open for business or occupied
for the purpose of verifying compliance with the law.
B.
No person who operates a dry nightclub or a person designated as
the dry nightclub supervisor shall refuse to permit a lawful inspection
of the premises of a dry nightclub by a representative of Pocomoke
City or any governmental agency at any time it is open for business
or occupied.
A.
The following rules of conduct, the observance of which by all persons
on a dry nightclub premises shall be the strict responsibility of
the licensee, shall apply to all dry nightclubs.
(1)
Attire and conduct. With respect to attire and conduct, a person
may not:
(a)
Be employed in or upon the premises while the person is unclothed
or in attire, costume or clothing so as to expose to view any portion
of the female breast below the top of the areola or of any portion
of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
(b)
Be employed or act as a host or act in a similar-type capacity to mingle with the patrons while the host or person acting in a similar-type capacity is unclothed or in attire, costume or clothing as described in Subsection A(1)(a) of this section;
(c)
Encourage or permit any person on the premises to touch, caress
or fondle the breasts, buttocks, anus or genitals of any other person;
or
(d)
Permit any employee or person to wear or use any device or covering
exposed to view, which simulates the breast, genitals, anus, pubic
hair or any portion of it.
(2)
Entertainment provided generally. With respect to entertainment provided,
a person may not:
(3)
Motion pictures, still pictures, electronic or other visual reproductions.
A person may not exhibit or show any motion picture film, still picture,
electronic reproduction or other visual reproduction depicting:
(a)
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any sexual acts
which are prohibited by law;
(b)
Any person being touched, caressed or fondled on the breast,
buttocks, anus or genitals;
(c)
Scenes where a person displays the vulva or anus or the genitals;
or
(d)
Scenes where artificial devised or inanimate objects are employed
to depict, or drawings are employed to portray, any of the prohibited
activities described above.
(4)
Persons exposing genitals, etc. A person may not permit any person
to remain in or upon the licensed premises who exposes to public view
any portion of female breast below the top of the areola or any portion
of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(5)
Effect of other statues, ordinances, rules or regulations. The provisions
of this section do not permit any conduct or form of attire prohibited
by any other provisions of statute, ordinance, rule or regulation.
B.
Smoking or chewing of tobacco products shall be prohibited in all
dry nightclubs.
C.
Contest, exhibitions, shows or demonstrations involving the display
of the human body in such a manner as to titillate, excite or entertain
the patrons or to promote any type of goods or services shall be prohibited
in all dry nightclubs.
D.
Alcoholic beverages of any type shall be prohibited in all dry nightclubs.
E.
Any dry nightclub premises must be completely enclosed and sound-proofed
so that undue, loud or disturbing sounds are not emitted off of the
premises. No activity shall be permitted outside the building other
than parking, ingress and egress.
F.
Patrons will not be permitted to congregate within the parking lot.
All parking lots shall be designated, maintained and lit in such a
way as to maximize visibility of both the patrons and their vehicles.
G.
No person may possess any weapon, firearm or explosive device on
any dry nightclub premises.
H.
There shall be no outside amplification of any sound.
I.
There shall be no outside hawking or soliciting at any time.
