(a)
No
employee or entertainment personnel shall appear on the premises of
a sexually oriented cabaret or sexually oriented lounge while in a
state of nudity. Specified sexual activities shall not be permitted
in any sexually oriented cabaret or sexually oriented lounge. No customer
shall appear nude or seminude during any activity within a sexually
oriented cabaret or sexually oriented lounge, and no such customer
nudity or seminudity shall be knowingly permitted by an employee of
the venture. It is a defense to prosecution under this section if
the person was in a restroom not open to public view or persons of
the opposite sex.
(b)
An
employee of a sexually oriented cabaret or lounge, while appearing
in a state of simulated nudity or seminude commits an offense if he
or she intentionally or knowingly touches a customer or the clothing
of a customer.
(c)
A
customer at a sexually oriented cabaret or lounge commits an offense
if he or she knowingly or intentionally touches an employee or the
clothing of an employee, when the employee is appearing in a state
of simulated nudity or seminude.
(d)
A
permit holder for a sexually oriented cabaret or lounge commits an
offense if he knowingly allows an employee to appear in a state of
simulated nudity or seminude unless the employee is on a stage (on
which no customer is present) at least eighteen (18) inches above
the floor, and the employee is:
(e)
Except
as otherwise herein permitted, it shall be an offense for a permit
holder’s employee to receive any pay or gratuity from any patron
or customer of a sexually oriented cabaret or lounge, or for any patron
or customer to pay or give any gratuity directly to any such employee
while the employee is in a state of simulated nudity or seminude.
Such pay or gratuity may be given to the employee in a tip receptacle
located at least six (6) feet from the stage on which such employee
appears in a state of simulated nudity or seminude.
(f)
It
shall be an offense for a permit holder’s employee, while in
a state of nudity or seminude, to have any physical contact with a
patron or customer of a sexually oriented cabaret or lounge on such
premises.
(g)
It shall be an offense for a patron or customer of a sexually oriented business to have any physical contact with a permit holder’s employee while in a state of nudity or seminude on the premises. For purposes of this subsection and subsection (f) above, the term “physical contact” is herein defined as the touching of any portion of an individual, including clothing worn by the individual.
(h)
A permit holder or operator of a sexually oriented cabaret or lounge commits an offense by failing to prominently display a sign within the premises notifying patrons and customers of the prohibitions contained in subsections (d) through (g) of this section. While the cabaret or lounge is open for business, such permit holder or operator must also prominently and continuously display a two-inch-wide glow-in-the-dark line on the floor of the premises marking a distance of six (6) feet from any unenclosed stage on which an employee may appear in a state of simulated nudity or seminude.
(1983 Code, sec. 14-254.1; Ordinance 10020, sec. 1, adopted 10/9/1997; Ordinance 2007-O0012, sec. 2,
adopted 1/25/2007)
Specified sexual activities shall not be permitted in any sexually
oriented retail store, bookstore, film or video store.
(1983 Code, sec. 14-254.2; Ordinance 10020, sec. 1, adopted 10/9/1997)
No customer shall appear nude or seminude during any activity
within this establishment. No employee or entertainment personnel
shall appear on the premises while in a state of nudity.
(1983 Code, sec. 14-254.3; Ordinance 10020, sec. 1, adopted 10/9/1997)
(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 business is a sexually oriented motel as that term is defined
in this article.
(b)
A
person commits an offense 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 permit, he rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(1983 Code, sec. 14-255; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
A
person who operates or causes to be operated a sexually oriented business,
other than a sexually oriented motel, which exhibits on the premises
in a viewing room a film, videocassette, video reproduction or image
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business permit, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager’s stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager’s station may not exceed thirty-two (32) square feet
of floor area. 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. The chief of police 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 may be made without the prior approval of the chief of police
or his designee.
(4)
The permit holder and operator shall maintain at least one employee
on duty and situated in each manager’s station at all times
that any patron is present inside the premises.
(5)
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 to which any patron is permitted access
for any purpose excluding restrooms. Restrooms many not contain video
reproduction equipment. If the premises has two (2) or more manager’s
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 manager’s stations. The view required
in this subsection must be by direct line of sight from the manager’s
station. Viewing booths shall be open on at least one side at all
times; doors or other means of closure are prohibited. Holes or pass-throughs
in booth walls are prohibited. No more than one person may be permitted
within a viewing booth at one time.
(6)
It shall be the duty of the permit holder, and any agent or employee thereof present on the premises, to ensure that the view area specified in subsection (5) remains unobstructed at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area to which patrons will not be permitted access in the application. Neither specified sexual activities, nudity or seminudity shall be permitted by the permit holder or any agent or employee thereof, on the premises of the sexually oriented business.
(7)
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 one (1.0) footcandle
as measured at the floor level.
(8)
It shall be the duty of the permit holder, and any agent or employee
thereof present on the business premises, to ensure that the illumination
described above is maintained at all times when any patron is present
in the premises.
(1983 Code, sec. 14-256; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
An
escort agency shall not employ any person under the age of eighteen
(18) years.
(b)
A
person commits an offense if he acts as an escort or agrees to act
as an escort for any person under the age of eighteen (18) years.
(1983 Code, sec. 14-258; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
A
sexually oriented modeling studio shall not employ any person under
the age of eighteen (18) years.
(b)
Specified
sexual activities shall not be permitted in any sexually oriented
modeling studio.
(c)
A
person commits an offense if he appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a sexually
oriented modeling studio premises which can be viewed from the public
right-of-way.
(d)
A
sexually oriented modeling studio shall not place or permit a bed,
sofa, or mattress in any room on the premises, except that a sofa
may be placed in a reception room open to the public.
(1983 Code, sec. 14-259; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
Neither specified sexual activities, nudity or seminudity shall
be permitted by the permit holder or any agent or employee thereof,
on the premises of a sexually oriented theater or sexually oriented
motion picture theater.
(1983 Code, sec. 14-260; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
