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)