(a)
Unobstructed view.
Excepting only adult motels, the
interior of the sexually oriented business 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 only restrooms. Restrooms may not
contain video, photographic, monitoring or other surveillance equipment.
The view required in this subsection must be by direct line of sight
from the manager’s station.
(b)
Electronic surveillance equipment.
Businesses which
were lawfully operating and open to the public on June 21, 1994 may
apply to the building official to allow the use of electronic surveillance
equipment as an alternative to the direct line of sight requirements
of this section.
(1)
Businesses wishing to use an electronic surveillance system shall
indicate on the sketch or diagram required by this section the locations
of all cameras and the location of a single monitor station. The station
must be located in a lobby or public waiting area, but the monitor(s)
must be oriented so as to not be readily viewed by patrons.
(2)
The building official may issue a written permit allowing the use
of electronic surveillance equipment only upon a showing that:
(A)
The business is otherwise in conformity with this article;
(B)
The electronic surveillance equipment will promote the intent of
this article;
(C)
The equipment meets the standards set forth below; and
(D)
Compliance with the direct line of sight requirements of this section
would be impractical or unnecessarily burdensome or costly.
(3)
When electronic surveillance equipment is approved and installed,
a sign stating that “The entire premises of this business are
monitored by electronic surveillance equipment at all times”
must be prominently posted at the main entrance so as to be clearly
visible to all patrons prior to entering the establishment.
(4)
Electronic surveillance equipment must be installed, operated and
maintained to meet the following standards at all times during which
the premises are open to the public:
(A)
Field of view: Requires a view of at least 95% of the room under
surveillance and must at all times include a simultaneous view of
all employees and customers in the room.
(B)
The surveillance system shall monitor all areas simultaneously where
patrons are permitted (excluding only restrooms) via split screen
or multiple screens.
(C)
Equipment will be set up, operational and properly adjusted at all times. If at any time the surveillance system is inoperative or fails to meet all minimum specifications hereunder, the business shall immediately comply with the provisions in subsection (b) above in its entirety.
(D)
Electronic video cameras shall have a minimum light sensitivity of
1 lux; however, the room illumination shall be increased as necessary
to assure surveillance equipment displays the room’s contents
and occupants clearly and accurately.
(E)
Both the monitor(s) and camera(s) shall deliver resolution of not
less than 380 horizontal TV lines, and signal-to-noise ratio shall
be not less than 45 dB.
(F)
Electronic surveillance equipment shall provide a constant audio
feed from the cameras to the monitor(s). The audio system must feature
a frequency response of at least 250 Hz to 8 kHz ± 5 dB, with
no more than 3% total harmonic distortion. The amplitude of the audio
feed shall be adjusted to not less than 5 dB above the ambient noise
level of the room in which the monitor is located using an “A”
weighted scale.
(5)
At all times during which a member of the public is present in the
business the exits to the booths or viewing rooms shall be open and
unobstructed and a manager or other responsible employee shall observe
the room monitor(s) to ensure the safe and lawful conduct of the occupants.
(7)
An owner or operator commits an offense if a manager or other responsible employee fails to observe the system monitor(s) at all times during which a member of the public is present in the business premises. It is a defense to prosecution that at the time of the alleged offense the business was operating in full compliance with subsection (a) of this section.
(Ordinance 3003, sec. 3003.17, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.17, adopted 7/20/09)
(a)
Visibility from outside premises.
It shall be unlawful
for a licensee of an enterprise to allow the merchandise or activities
of the enterprise to be visible from any point outside the licensed
premises.
(b)
Demeanor of exterior.
It shall be unlawful for the licensee
of an enterprise to allow the exterior portions of the enterprise
to have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by the provisions of this article.
(c)
Coloration.
It shall be unlawful for the owner or operator
of an enterprise to allow exterior portions of the enterprise to be
painted any color other than a single color. Grays, tans, and light
earth tones are permissible; however, any bold, garish or gaudy coloration
that attracts attention is excluded from this definition and prohibited.
Nothing in this article shall be construed to require the painting
of an otherwise unpainted exterior. This provision shall not apply
if the enterprise is part of a multi-unit commercial center and the
exterior portions of each unit are painted the same color so as to
reflect an overall architectural style of that center.
(Ordinance 3003, sec. 3003.18, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.18, adopted 7/20/09)
(a)
Primary and secondary signs.
Notwithstanding Ordinance
6051-A, as amended (the zoning ordinance) or any other city ordinance,
code or regulation to the contrary, it shall be unlawful for the owner
or operator of any enterprise or any other person to erect, construct,
or maintain any sign for the enterprise other than one primary sign
and one secondary sign, as provided herein.
(2)
Secondary signs shall have only one display surface. Such display
surface shall:
(3)
Primary and secondary signs shall not contain any wording, photographs,
silhouettes, drawings or pictorial representations which describe
or depict specified anatomical areas or specified sexual activities.
In addition, primary and secondary signs shall not contain any wording,
photographs, silhouettes, drawings or pictorial representations whose
dominant theme taken as a whole:
(4)
Each letter forming a word on a primary or secondary sign shall be
of a single color, and each such letter shall be the same print-type,
size and color. The background behind such lettering on the display
surface of a primary sign shall be of a uniform and solid color.
(b)
Multi-tenant centers.
Any sign located on the premises
of a commercial multi-unit center that displays the name, or any portion
of the name, of any sexually oriented business, any name under which
any sexually oriented business was formerly operated on the premises,
or any other terminology that is commonly used to identify or is associated
with the presence of a sexually oriented business, shall comply with
all restrictions of this section. The intent of this section is to
prevent the use of signage identifying the commercial multi-tenant
center itself from being used as a subterfuge to evade the restrictions
on adult oriented business signs set forth in this section.
(Ordinance 3003, sec. 3003.19, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.19, adopted 7/20/09)
Except as permitted by section 4.05.092 [4.05.091] of this article, it shall be an offense for any owner, operator, agent or employee to knowingly permit the view area specified in section 4.05.091 to be obstructed by any doors, walls, merchandise, display racks or other materials at any time that any patron is present on the premises, or to allow a patron access to any area of the premises which has been designated in the application filed pursuant to section 4.05.032(b) as an area in which patrons will not be permitted.
(Ordinance 3003, sec. 3003.20, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.20, adopted 7/20/09)
It shall be an offense for any owner, operator, agent or employee
to knowingly allow patrons access to any area that is not illuminated
by overhead lighting fixtures to an intensity of at least one footcandle
as measured at floor level. Such light intensity shall be maintained
at all times during which the premises are open to the public.
(Ordinance 3003, sec. 3003.21, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.21, adopted 7/20/09)
(a)
By
accepting a license to operate a sexually oriented business, the holder
consents that a peace officer, fire marshal, building official or
health inspector may enter the licensed premises at any time such
premises are open for business to conduct an inspection or investigation
for the purpose of evaluating compliance with this article.
(1)
In conducting an inspection as provided herein, officers shall remain
in those areas of the business premises to which members of the public
have access, and shall not enter into areas into which owners, managers
and employees of that business are permitted.
(2)
In conducting inspections as provided herein, officers shall limit
their investigations to detecting violations of the regulatory provisions
of this article.
(3)
This section does not in any way limit the authority of a officer
to conduct any search authorized by a warrant, or pursuant to any
exception to the warrant requirement.
(b)
It
shall be an offense for any person to interfere with a lawful inspection
of the premises by a representative of any law enforcement agency,
county health department, fire department, or the building inspection
division at any time it is occupied or open for business.
(Ordinance 3003, sec. 3003.22, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.22, adopted 7/20/09)
(a)
It
shall be unlawful for any owner, manager, employee, or entertainer
to touch a customer or the clothing of a customer while engaging in
entertainment or while exposing any specified anatomical areas or
engaging in any specified sexual activities.
(b)
It
shall be unlawful for any owner, manager, employee, or entertainer
to engage in entertainment or to expose any specified anatomical areas
or engage in any specified sexual activities in the presence of a
customer in any separate area within an enterprise to which entry
or access is blocked or obscured by any door, curtain or other barrier
separating entry to such area from any other area of the enterprise.
(c)
It
shall be unlawful for any owner, manager, employee, or entertainer
to engage in entertainment or to expose any specified anatomical areas
or engage in any specified sexual activities in any area of an enterprise
at a time when entry or access into the enterprise is blocked by a
locked door or other barrier.
(Ordinance 3003, sec. 3003.23, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.23, adopted 7/20/09)
(a)
Sexually
oriented businesses shall not employ any person under the age of 21
years.
(b)
It
shall be an offense for any person to knowingly allow a person under
the age of 21 years to appear in a state of nudity or partial nudity
in or on the premises of a sexually oriented business.
(c)
It
shall be an offense for a person under the age of 21 years to appear
in a state of nudity or partial nudity in or on the premises of a
sexually oriented business. It is a defense to prosecution under this
subsection if the defendant was in a restroom not open to public view
or person(s) of the opposite sex.
(d)
It
shall be an offense for a person under the age of 21 years to act
as an escort. It shall be an offense for a person to act as an escort
or agree to act as an escort for any person under the age of 18 years.
The term “escort” is used as defined in this article.
(e)
It
shall be an offense for a person to appear in a state of nudity or
partial nudity or to allow another to appear in a state of nudity
or partial nudity in an area of a sexually oriented business which
can be viewed from outside of the licensed premises.
(f)
No
alteration after licensing shall be made to the interior configuration
of a sexually oriented business nor shall the business alter or relocate
a manager’s station without prior approval of the city manager/city
secretary.
(g)
Except as permitted by section 4.05.092 [4.05.091] of this article, at least one owner, operator or employee must be situated in each manager’s station at all times that any patron is present inside the premises. A licensee commits an offense if patrons are inside the premises and the manager’s station is not occupied by an owner, operator or employee or if entry or access into the enterprise is blocked by any locked door or other barrier. This subsection shall not apply to adult motels.
(h)
A
sexually oriented business (excluding adult motels) shall not place
or permit a bed, sofa, or mattress in any room on the premises to
which members of the public have access, except that a sofa may be
placed in a reception room open to the public.
(i)
It
shall be the duty of each licensee, owner, operator and manager of
a sexually oriented business to ensure that all persons acting as
managers, employees or entertainers on the premises hold and display
work permits as required by division 3 of this article.
(j)
It
shall be the duty of the on-site manager to ensure that no manager,
employee or entertainer is allowed to conduct any business on the
premises of an enterprise unless the on-site manager has in his possession
an on-site work permit card prepared by the building official. On-site
work permit cards shall be made immediately available for inspection
upon request by any peace officer or code enforcement official. Managers
or entertainers working at more than one enterprise may retrieve their
on-site work permit cards upon departing the premises in order to
present them to any other enterprise where such persons are employed.
(k)
It
shall be an offense for any owner, operator, manager, employee or
entertainer to operate or cause to be operated any sexually oriented
business enterprise without a permit, as prescribed by division 3
of this article, or to allow the operation of any sexually oriented
business enterprise by any person unless that person possesses a permit
required by division 3 of this article and the enterprise has in its
possession an on-site card for that person.
(Ordinance 3003, sec. 3003.24, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.24, adopted 7/20/09)
(a)
It
shall be an offense for a person, in a business establishment open
to persons under the age of 18 years, to display any graphic or visual
reproduction of material which depicts, in a manner calculated to
arouse sexual lust or passion for commercial gain or to exploit sexual
lust or perversion for commercial gain, any of the following:
(1)
Human sexual intercourse, masturbation, or sodomy;
(2)
Fondling or other erotic touching of human genitals, buttocks, or
female breasts;
(3)
Less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areola;
or
(4)
Human male genitals in a discernibly turgid state, whether covered
or uncovered.
(b)
In
this section, “display” means to locate an item in such
a manner that, without obtaining assistance from an employee of the
business establishment:
(Ordinance 3003, sec. 3003.25, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.25, adopted 7/20/09)
(b)
It
shall be an offense for a person to operate or cause to be operated
a sexually oriented business outside of an area fronting Veterans
Memorial Boulevard/Business Highway 190.
(c)
It
shall be an offense for any person to cause or permit the operation,
establishment, substantial enlargement or transfer of ownership or
control of a sexually oriented business within 300 feet of another
sexually oriented business.
(d)
It
shall be an offense for any person to cause or permit the operation,
establishment, or maintenance of more than one sexually oriented business
in the same building, structure, or portion thereof containing another
sexually oriented business.
(e)
For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, or place of religious worship, day care facility, school, hospital, public building or public park.
(f)
For the purposes of subsection (c) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(g)
Any sexually oriented business lawfully operating on June 21, 1994 that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years from June 21, 1994, unless sooner terminated for any reason, or if voluntarily discontinued for a period of 30 days or more.
(1)
Such nonconforming uses shall not be increased, enlarged, extended
or altered except that the use may be changed to a conforming use.
(2)
If two or more sexually oriented businesses are within 300 feet of
one another and otherwise in a permissible location, the sexually
oriented business which was first established and continually operating
at a particular location is the conforming use and the later established
business is nonconforming.
(3)
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business license, of
a church or place of religious worship, day care facility, school,
hospital, public building or public park within 300 feet of the sexually
oriented business.
(Ordinance 3003, sec. 3003.26, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.26, adopted 7/20/09)
