(a)
An
employee of an adult cabaret, while appearing in a state of nudity,
semi-nudity, or simulated nudity, commits an offense if he touches
a customer or the clothing of a customer.
(b)
A
customer at an adult cabaret commits an offense if he touches an employee
appearing in a state of nudity, semi-nudity, or simulated nudity.
(c)
A
licensee or employee of an adult cabaret commits an offense if he
permits any customer access to an area of the premises not visible
from the manager’s station or not visible by a walk-through
of the premises without entering a closed area, excluding restrooms.
(2001 Code, sec. 4.1114)
(a)
A
person commits an offense if he employs at an escort agency any person
under the age of eighteen 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 years.
(2001 Code, sec. 4.1115)
(a)
A
person commits an offense if he employs at a nude model business any
person under the age of eighteen years.
(b)
A
person under the age of eighteen years commits an offense if he appears
in a state of nudity, semi-nudity, or simulated nudity in or on the
premises of a nude model business. It is a defense to prosecution
under this subsection if the person under eighteen years was in a
restroom not open to public view or persons of the opposite sex.
(c)
A
person commits an offense if he appears in a state of nudity, semi-nudity,
or simulated nudity, or knowingly allows another to appear in a state
of nudity, semi-nudity, or simulated nudity, in an area of a nude
model business premises which can be viewed from the public right-of-way.
(d)
A
person commits an offense if he places or permits a bed, sofa, or
mattress in any room on the premises of a nude model business, except
that a sofa may be placed in a reception room open to the public.
(e)
A
licensee or employee of a nude model business commits an offense if
he permits any customer access to an area of the premises not visible
from the manager’s station or not visible by a walk-through
of the premises without entering a closed area, excluding restrooms.
(2001 Code, sec. 4.1116)
(a)
A
person commits an offense if he knowingly allows a person under the
age of eighteen years to appear in a state of nudity, semi-nudity,
or simulated nudity in or on the premises of an adult theater or adult
motion picture theater.
(b)
A
person under the age of eighteen years commits an offense if he knowingly
appears in a state of nudity, semi-nudity, or simulated nudity in
or on the premises of an adult theater or adult motion picture theater.
(2001 Code, sec. 4.1117)
(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 ten hours creates a rebuttable presumption that
the establishment is an adult 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 license, he rents or subrents
a sleeping room to a person and, within ten hours from the time the
room is rented, he rents or subrents the same sleeping room again.
(2001 Code, sec. 4.1118)
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 one hundred fifty 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)
Upon
application for a sexually oriented business license, 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 customers will not be permitted.
A manager’s station may not exceed thirty-two 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 to an accuracy of plus or minus six inches. 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
licensee commits an offense if he permits a manager’s station
to be unattended by an employee at any time a customer is present
on 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 customer is permitted access for
any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises have two 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 customer is permitted access for any purpose,
excluding restrooms, 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.
(6)
The
licensee commits an offense if he permits access to a customer of
any area of the premises that is not visible from the manager’s
station for any purpose, excluding restrooms.
(7)
The owners, operator, and any agents and employees present on the premises shall ensure that the view area specified in subsection (5) of this section remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any customer is present in the premises and ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (1) of this section.
(2001 Code, sec. 4.1119)
(a)
Restrooms.
Public and employee restrooms in a sexually
oriented business shall not, at any time, contain or be used for sexually
oriented business activity, video reproduction equipment, or sexually
oriented merchandise.
(b)
Sign at public entrances.
An adult arcade, adult bookstore,
adult video store, adult novelty store, adult service establishment,
adult cabaret, adult theater, adult motion picture theater, nude model
business, sex parlor, and sexual encounter center shall at all times
maintain at least one legible sign posted in a conspicuous place at
each public entrance easily visible by all persons prior to entry
into the establishment with lettering of at least one inch in height
in English and Spanish which contains the following statement:
THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY
FEATURES (description of the type of activity licensed to be conducted).
IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER.
NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY (or NO PERSON
UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY, if alcohol is served).
(c)
Exterior lighting.
During hours of darkness when a sexually
oriented business is in operation, all required parking and all outdoor
pedestrian areas on the premises of the sexually oriented business
shall be lighted to an intensity of not less than five footcandles
measured at ground level.
(d)
Interior lighting.
The premises of an adult bookstore,
adult video store, adult novelty store, adult service establishment,
nude model business, sex parlor, and sexual encounter center shall
be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which customers are permitted access
at an illumination of not less than twenty footcandles as measured
at the floor level.
(e)
Noncompliance with lighting requirement.
The licensee
commits an offense if he permits illumination of any area of the premises
to which customers have access to be less than twenty footcandles
measured at the floor level.
(2001 Code, sec. 4.1120)
