(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this article.
(b)
A
person commits a misdemeanor if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have a sexually oriented business license, he/she rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he/she rents or subrents the same sleeping room
again.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-91)
(a)
A
person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises films, motion
pictures, slides, videocassettes, live entertainment, or other video
or visual reproductions which depict specified sexual activities or
specified anatomical areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing the location of the manager’s station(s), the location of all overhead lighting fixtures and the designation of any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed sixty-four (64) square feet of floor space. The manager’s station may not be less than four (4) feet wide in any one (1) dimension. 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 should be oriented to the north or to some designated street or object and should 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 (6) inches. The diagram shall also include all locations where live entertainment will occur noting the marked six-foot zone required in section 6.04.009. The city 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(s).
(3)
If the sexually oriented business has one (1) manager’s station designated pursuant to subsection (a)(1) of this section, then the interior of the sexually oriented business shall be configured in such a manner that there is an unobstructed view of every area of the sexually oriented business to which any patron is permitted access for any purpose, except designated restrooms, from that manager’s station. If the sexually oriented business has two (2) or more manager’s stations designated pursuant to subsection (a)(1) of this section, 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, except for designated restrooms, 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.
(4)
It shall be the duty of the licensee and operator, and it shall also be the duty of any agents and employees present in a sexually oriented business, to ensure that the view area specified in subsection (3) remains unobstructed by any doors, partitions, screens, merchandise, display racks, tinted glass or other materials at all times that any patron is present in the sexually oriented business, 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 plan filed pursuant to this section.
(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 three (3.0) footcandles
as measured three (3) feet above floor level.
(6)
It shall be the duty of the licensee and operator to ensure that
the illumination described is maintained at all times that any patron
is present in the premises.
(7)
In addition to any other requirements of this article, no adult arcade
or adult minitheater shall be configured in such a manner as not [sic]
to have any opening in any partition, screen, wall or other barrier
that separates viewing areas for arcade devices or adult mini-theater
devices from other viewing areas for arcade devices or adult mini-theater
devices. This provision shall not apply to conduits for plumbing,
heating, air conditioning, ventilation or electrical service, provided
that such conduits shall be so screened or otherwise configured as
to prevent their use as openings that would permit any portion of
a human body to penetrate the wall or barrier separating viewing areas.
(8)
It shall be the duty of the licensee and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theater to ensure that the premises are monitored to assure that no openings are allowed to exist in violation of subsection (7) above, and to ensure that no patron is allowed access to any portion of the premises where any opening exists in violation of subsection (7) above, until the opening has been repaired.
(9)
It shall be unlawful for a person to make or attempt to make an opening
of any kind in the walls in an adult arcade or adult mini-theater.
(10)
The licensee and operator shall, during each business day, ensure
that the walls in an adult arcade or adult mini-theater are regularly
inspected to determine if any openings or holes exist.
(11)
The licensee and operator shall cause all floor coverings in adult
arcades or adult mini-theaters to be nonporous, easily cleanable surfaces,
with no rugs or carpeting.
(12)
The licensee and operator shall cause all wall surfaces and ceiling
surfaces in all adult arcades and adult mini-theaters to be constructed
of, or permanently covered by, nonporous, easily cleanable material.
No wood, plywood, composition board or other porous material shall
be used within forty-eight (48) inches of the floor.
(13)
The licensee and operator shall cause all areas open to patron use
to be maintained in a clean manner, free from human waste products,
semen, needles and trash.
(14)
Employees of the city shall have access to any part of the premises
at any time the business is open.
(15)
It shall be the duty of the licensee and operator of each sexually oriented business licensed and operated under this section to ensure that at least one (1) person who is charged with the responsibility for the operation of the premises is on duty and situated in each manager’s station designated pursuant to subsection (a)(1) of this section at all times that any patron is present in the sexually oriented business or, in the instance of an adult cabaret, at all times that an entertainer is present on the premises.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-92)
(a)
An
escort agency shall not employ any person under the age of eighteen
(18) years.
(b)
A
person commits an offense if any person under the age of eighteen
(18) years acts as an escort or agrees to act as an escort for any
person.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-93)
(a)
A
nude model studio shall not employ any person under the age of eighteen
(18) years.
(b)
A
person under the age of eighteen (18) years commits an offense if
the person appears semi-nude or in a state of nudity in or on the
premises of a nude model studio. It is a defense to prosecution under
this subsection if the person under eighteen (18) years was in a restroom
not open to public view or visible to any other person.
(c)
A
person commits an offense if the person appears in a state of nudity,
or knowingly allows another to appear in a state of nudity, in an
area of a nude model studio premises which can be viewed from the
public right-of-way.
(d)
A
nude model studio shall not place or permit a bed, sofa, mattress
or similar item used for sleep or rest in any room on the premises,
except that a sofa may be placed in a reception room open to the public.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-94)
