(a) 
A person commits an offense if the person operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church;
(2) 
A school;
(3) 
A child care facility;
(4) 
The boundary of a residential district;
(5) 
A public or private park;
(6) 
The property line of a lot devoted to residential use;
(7) 
Any building or structure in which alcoholic beverages are offered for sale;
(8) 
Hospital health care facilities;
(9) 
A public building or governmental building;
(10) 
A special education facility;
(11) 
A neighborhood retail district.
(b) 
A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer or ownership or control of a sexually oriented business located within 1,000 feet of another sexually oriented business.
(c) 
A person commits an offense if he:
(1) 
Causes or permits the operation, establishment, or maintenance of more than one sexually oriented businesses in the same building, structure, or portion thereof; or
(2) 
Increases the floor area of any sexually oriented business without securing the required permits for expansion.
(d) 
For the purpose of subsection (a) of this section, measurement shall be made in a straight line from property line to property 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, school, child care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e) 
For the purpose of subsection (b) 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.
(1988 Code, ch. 4, sec. 14.13; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-82)
(a) 
An escort agency shall not employ any person under the age of 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 18 years.
(1988 Code, ch. 4, sec. 14.14; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-83)
(a) 
A nude model studio shall not employ any person under the age of 18 years.
(b) 
A person under the age of 18 years commits an offense if he appears in a state of nudity or semi-nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 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 or semi-nudity or knowingly allows another to appear in a state of nudity or semi-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, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(1988 Code, ch. 4, sec. 14.15; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-84)
(a) 
An adult cabaret employee shall not be under the age of 18 years.
(b) 
Adult cabaret patrons cannot be closer than ten feet to topless dancers in a state of dress that fails to opaquely clothe or cover a human bare buttock, anus, male genitals, female genitals, or areola of the female breast. Excluded as opaque cover or clothing is latex paint of any kind, or any other form of paints or sprays or see-through material.
(1988 Code, ch. 4, sec. 14.16; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-85)
(a) 
A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity or semi-nudity in or on the premises of an adult theater or on the premises of an adult theater or adult motion picture theater.
(b) 
A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
It is a defense to prosecution under this section if the person under the age of 18 years was in a restroom not open to public view or persons of the opposite sex.
(1988 Code, ch. 4, sec. 14.17; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-86)
(a) 
For purpose of subsection (b) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(b) 
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 defined in this article.
(c) 
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.
(1988 Code, ch. 4, sec. 14.18; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-87)
(a) 
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 150 square feet of floor space, live models exhibiting lingerie intended for an adult audience, 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 patrons will not be permitted. A manager’s station may not exceed 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 of all areas of the interior of the premises to an accuracy of plus or minus six inches. The building official 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 building official.
(4) 
It is the duty of the owner and operator of the premises to ensure that at least one employee is 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 may not contain video, photographic, monitoring or surveillance 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 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.
(6) 
It shall be the duty of the owner and operator, and it shall also be the duty of any agents and employees present on the premises, to 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 patron is present on the premises 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 application filed pursuant to this subsection.
(7) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that areas to which patrons are permitted access are illuminated by overhead lighting fixtures to an intensity of not less than one footcandle as measured at the floor level at all times during which the premises are open to the public.
(b) 
A person having a duty under this section commits an offense if he knowingly fails to fulfill that duty.
(1988 Code, ch. 4, sec. 14.21; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-88)
(a) 
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 150 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, the location of all overhead lighting fixtures and switches, which lights are controlled by which switches and designating any portion of the premises in which patrons will not be permitted. Only agents or employees shall have access to light switches. A manager’s station may not exceed 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 to an accuracy of plus or minus six inches. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration for 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 building official.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one employee is 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 may not contain video reproduction equipment. The premises shall be configured in such a manner so 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.
(6) 
It shall be the duty of the owner and operator, and it also shall be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that a patron is present on the premises 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 application filed pursuant to subsection (a)(1) of this section.
(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 1.0 footcandle as measured at the floor level.
(8) 
It shall be the duty of the owner and operator, and it also shall be the duty of any agents and employees present on the premises, to ensure that the illumination described in subsection (7) of this section is maintained at all times that any patron is present on the premises.
(9) 
All employees under this section must be 18 years of age or older.
(b) 
A person having a duty under this section commits an offense if he knowingly fails to fulfill that duty.
(1988 Code, ch. 4, sec. 14.19; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-89)
(a) 
In this section, the term “display” means to locate an item in such a manner that, without obtaining assistance from an agent or employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item or contents of the item is visible to members of the general public.
(b) 
A person commits an offense if, in a business establishment open to persons under the age of 18 years, he displays a book, pamphlet, newspaper, magazine, film, or videotape, the cover of 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 uncovered human genitals, pubic region, buttocks, or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breasts below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(1988 Code, ch. 4, sec. 14.20; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-90)
(a) 
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 on-premises sign, as provided herein.
(b) 
Signs shall have no more than two display surfaces. Each such display surface shall:
(1) 
Not contain any flashing lights;
(2) 
Be a flat plane, rectangular in shape;
(3) 
Not exceed 16 square feet in area; and
(4) 
Not exceed four feet in height or four feet in length.
(c) 
Signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only:
(1) 
The name of the enterprise; and/or
(2) 
One or more of the following phrases:
(A) 
Adult bookstore;
(B) 
Adult movie theater;
(C) 
Adult encounter parlor;
(D) 
Adult cabaret;
(E) 
Adult lounge;
(F) 
Adult novelties;
(G) 
Adult entertainment;
(H) 
Adult modeling studio.
(1988 Code, ch. 4, sec. 14.22; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-91)
(a) 
It shall be unlawful for any owner, operator or manager of any enterprise to permit any employee to provide any entertainment to any customer in any separate area within an enterprise to which entry or access is blocked or obscured by any door, curtain or other barrier, regardless of whether entry to such separate area is by invitation, admission fee, club membership fee or any form of gratuity or consideration.
(b) 
It shall be the duty of any owner, operator or manager of an enterprise to allow immediate access by any police officer, city fire department official or health officer to any portion of the premises of the enterprise upon request for purposes of inspection of such premises for compliance with this article, or any other applicable law.
(c) 
Each enterprise shall be equipped with lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than 1.0 footcandle as measured at floor level and is illuminated at all times in which the premises are open to the public.
(d) 
It shall be the duty of any owner, operator or manager of an enterprise to ensure that at least one on-site manager is on duty on the premises at all times during which the enterprise is open for business or during which customers are on the premises.
(e) 
It shall be the duty of any owner, operator or manager to maintain a complete list of the names and addresses of all persons who conduct any business on the premises under section 4.07.032.
(1988 Code, ch. 4, sec. 14.23; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-92)