(a)
A
person commits an offense if the person employs at an escort agency
any person under the age of 18 years.
(b)
A
person commits an offense if the person acts as an escort or agrees
to act as an escort for any person under the age of 18 years.
(c)
An employee of an escort agency must attend training given by the licensee concerning the requirements of this article as they pertain to escort agencies, including but not limited to sections 5.05.008(a), 5.05.034, 5.05.036, 5.05.037, 5.05.105, 5.05.141, 5.05.142, 5.05.143 and 5.05.144, before the employee receives any compensation for the employee’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services, and at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee, identifying the date on which the training was provided, and the specific topics discussed.
(d)
A
licensee shall designate and appoint one or more individuals to manage,
direct, and control the premises operations of the escort agency.
At least one individual person so appointed shall be on the premises
at any time the escort agency is open.
(e)
An operator or an individual person appointed under subsection (d) above shall at all times have the duty to ensure that each employee in the escort agency has received the training required by subsection (c) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 2018-03-05, sec. 101,
adopted 3/20/18)
(a)
A
person commits an offense if the person employs at a nude model studio
any person under the age of 18 years.
(b)
A
person who is not an employee commits an offense if the person intentionally
or knowingly appears in a state of nudity or semi-nudity in or on
the premises of a nude model studio.
(c)
A
person commits an offense if the person intentionally or knowingly
appears in a state of nudity or semi-nudity or intentionally or knowingly
allows another to appear in a state of nudity or semi-nudity in an
area of the nude model studio premises which can be viewed from the
public right-of-way.
(d)
A
person commits an offense if the person intentionally or knowingly
places or permits a bed, sofa or mattress in any room on the premises
of a nude model studio, except that a sofa may be placed in a reception
room open to the public.
(e)
A
licensee, owner, operator or employee commits an offense if the person
intentionally or knowingly permits any customer access to an area
of the premises not visible from the manager’s station by direct
line of sight or not visible by a walk-through of the premises without
entering a private, exclusive, closed, curtained, or otherwise screened
area, excluding restrooms. The view required in this subsection shall
be by direct line of sight. The view shall be deemed insufficient
if clear visibility of such line of sight must be attained by utilizing
flashlights or spotlights in addition to overhead house lighting.
(f)
An
employee of a nude model studio, while appearing in a state of nudity,
commits an offense if the employee intentionally or knowingly touches
a customer or the clothing of a customer.
(g)
A
customer at a nude model studio commits an offense if the customer
intentionally or knowingly touches an employee or the clothing of
an employee while the employee is appearing in a state of nudity.
(h)
A licensee commits an offense if the licensee fails to display the signs on the interior of the nude model studio premises as required in section 5.05.144(a) and/or the floor markings required in section 5.05.144(b).
(i)
An
employee of a nude model studio commits an offense if that employee
allows, asks, directs, or suggests that a customer disrobe to a state
of nudity.
(j)
An employee of a nude model studio must attend training given by the licensee concerning the requirements of this article as they pertain to nude model studios, including but not limited to sections 5.05.008(a), 5.05.034, 5.05.036, 5.05.037, 5.05.105, 5.05.141, 5.05.142, 5.05.143 and 5.05.144, before the employee receives any compensation for the employee’s services. The licensee or operator shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services, and at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee, identifying the date on which the training was provided, and the specific topics discussed.
(k)
A
licensee shall designate and appoint one or more individuals to manage,
direct, and control the premises and operations of the nude model
studio. At least one individual person so appointed shall be on the
premises at any time the nude model studio is open.
(l)
An operator or an individual person appointed under subsection (k) above shall at all times have the duty to ensure that each employee in the nude model studio has received the training required by subsection (g) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 2018-03-05, sec. 102,
adopted 3/20/18)
(a)
A
person commits an offense if the person employs at an adult theater
or an adult motion picture theater any person under the age of 18
years.
(b)
A
person commits an offense if the person intentionally or knowingly
appears in a state of nudity or semi-nudity in or on the premises
of an adult theater or an adult motion picture theater.
(c)
Adult theaters and adult motion picture theaters shall also comply with the requirements of section 5.05.108 of this article.
(d)
An employee of an adult theater or adult motion picture theater must attend training given by the licensee concerning the requirements of this article as they pertain to adult theaters or adult motion picture theaters, including but not limited to sections 5.05.008(a), 5.05.034, 5.05.036, 5.05.037, 5.05.105, 5.05.141, 5.05.142, 5.05.143 and 5.05.144, before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services, and at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee, identifying the date on which the training was provided, and the specific topics discussed.
(e)
A
licensee shall designate and appoint one or more individuals to manage,
direct, and control the premises and operations of the adult theater
or adult motion picture theater. At least one person so appointed
shall be on the premises at any time the adult theater or adult motion
picture theater is open.
(f)
An operator or a person appointed under subsection (e) above shall at all times have the duty to ensure that each employee in the adult theater or adult motion picture theater has received the training required by subsection (d) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 2018-03-05, sec. 103,
adopted 3/20/18)
(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.
(Ordinance 2018-03-05, sec. 104,
adopted 3/20/18)
(a)
A
person commits an offense if the person employs at an adult cabaret
any person under the age of 18 years.
(b)
An
employee of an adult cabaret, while appearing in a state of nudity
or semi-nudity, commits an offense if the employee intentionally or
knowingly touches a customer or the clothing of a customer.
(c)
A
customer at an adult cabaret commits an offense if the customer intentionally
or knowingly touches an employee appearing in a state of nudity or
semi-nudity or the clothing of an employee appearing in a state of
nudity or semi-nudity.
(d)
A
licensee, owner, operator or employee commits an offense if the licensee,
owner, operator or employee intentionally or knowingly allows, in
a sexually oriented business, any person to appear in a state of nudity
or semi-nudity, unless the person is an employee who, while in a state
of nudity or semi-nudity, is on a stage (on which no customer is present)
at least 18 inches above the floor, and is: (i) at least six feet
from any customer (hereinafter called “unenclosed performance
stage”), or (ii) physically separated from customers by a wall
or partition composed of solid glass or light-transmitting plastic,
or substantially equivalent material, extending from the floor of
the performance stage to at least five feet above the level of the
performance stage, but such that there are not openings in the wall
or partition that would permit physical contact between customers
and such employee (hereinafter “enclosed performance stage”).
(e)
A
licensee, owner, operator or employee commits an offense if the licensee,
owner, operator or employee intentionally or knowingly 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 private, exclusive, closed, curtained, or otherwise screened area,
excluding restrooms. The view required in this subsection shall be
by direct line of sight. The view shall be deemed insufficient if
clear visibility of such line of sight must be attained by utilizing
flashlights or spotlights in addition to overhead house lighting.
(f)
A
licensee, owner, operator or employee commits an offense if the licensee,
owner, operator or employee intentionally or knowingly appears in
or allows another to appear in a state of nudity or semi-nudity in
an area of the adult cabaret business premises which can be viewed
from the public right-of-way.
(g)
A licensee, owner or operator commits an offense if the licensee, owner or operator fails to display the signs on the interior of the adult cabaret business premises as required in section 5.05.144(a) and/or the floor markings required in section 5.05.144(b).
(h)
An employee of an adult cabaret must attend training provided by the licensee, owner or operator concerning the requirements of this article as they pertain to adult cabarets, including but not limited to sections 5.05.008(a), 5.05.034, 5.05.036, 5.05.037, 5.05.105, 5.05.141, 5.05.142, 5.05.143 and 5.05.144, before the employee receives any compensation for the person’s services. The licensee, owner or operator shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services, and at least once a year thereafter. The licensee, owner or operator shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee, owner or operator, identifying the date on which the training was provided, and the specific topics discussed.
(i)
A
licensee shall designate and appoint one or more individuals to operate,
manage, direct, and control the premises and operations of the adult
cabaret. At least one person so appointed shall be on the premises
at any time the adult cabaret is open.
(j)
An operator or a person appointed under subsection (i) above shall at all times have the duty to ensure that each employee in the adult cabaret has received the training required by subsection (h) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 2018-03-05, sec. 105,
adopted 3/20/18)
(a)
Sexual
encounter centers are prohibited. No license shall be issued for the
operation of a sexual encounter center.
(b)
A
person commits an offense if the person owns, operates or causes to
be operated a sexual encounter center. Any person in control or apparent
control of the premises shall be presumed to be operating the sexual
encounter center.
(Ordinance 2018-03-05, sec. 106,
adopted 3/20/18)
(a)
A
person who operates or causes to be operated an adult bookstore, adult
novelty store or adult video store shall comply with the following
requirements:
(1)
An application for a sexually oriented business license for an adult
bookstore, adult novelty store or adult video store 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 license 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 shall be oriented to the north, or
to some designated street or object, and shall 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
of the premises has not been altered since the previously submitted
diagram 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)
A licensee, owner or operator commits an offense if the licensee,
owner or operator permits a manager’s station to be unattended
by an employee at any time a customer is present on, in or about 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 and fitting/dressing rooms (in
stores that sell apparel). Restrooms and fitting/dressing rooms may
not contain video reproduction equipment or any other equipment allowing
for the viewing of film, videos, photographs or other video reproduction.
Only one person shall be allowed in each restroom at any time, unless
otherwise required by law. The operator shall insure that not more
than one person is permitted to enter a restroom, unless otherwise
required by law, and that no persons engage in any specified sexual
activity in the restroom. 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
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)
A licensee, owner, operator or employee commits an offense if the
licensee, owner, operator or employee intentionally or knowingly permits
a customer access to any area of the premises that is not visible
from the manager’s station for any purpose, excluding restrooms
and fitting/dressing rooms.
(7)
Each and every licensee, owner, operator and employee present on the premises shall ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, curtains, partitions, walls, blinds, locks or other control-type devices, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises, and 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 (a)(l) of this section.
(8)
The premises 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 one footcandle
as measured at the floor level.
(9)
A licensee, owner, operator or employee commits an offense if the
licensee, owner, operator or employee intentionally or knowingly permits
illumination of any area of the premises to which customers have access
to be less than one footcandle as measured at the floor level.
(10)
No viewing room or reading room or booth, or fitting/dressing room,
may be occupied by more than one person at any time.
(11)
No licensee, owner, operator or employee shall allow openings or
holes of any kind to exist between adjacent or adjoining viewing rooms,
reading rooms or booths, or fitting/dressing rooms.
(12)
No person shall make or attempt to make an opening or hole of any
kind between adjacent or adjoining viewing rooms, reading rooms or
booths, or fitting/dressing rooms.
(13)
The licensee, owner, operator or employee shall, during each business
day, regularly inspect the walls of all viewing rooms, reading rooms
or booths, or fitting/dressing rooms, to determine if any openings
or holes exist.
(14)
The walls of any viewing room or reading room or booth shall be no
more than 48 inches tall. At least one wall of any such viewing room
or reading room or booth shall be visible in a direct unobstructed
line of sight from the manager’s station. Each wall or door
of any such viewing room or reading room or booth shall be constructed
of clear transparent glass, plastic or substantially equivalent materials
that allow an unobstructed view of the entire interior of the viewing
room or reading room or booth.
(15)
Live entertainment is prohibited in any viewing room or reading room
or booth, as well as any other room adjacent to or visible from any
viewing room or reading room or booth.
(16)
A licensee, owner, operator or employee commits an offense if the
licensee, owner, operator or employee intentionally or knowingly allows
a person to appear in a state of nudity or semi-nudity in, on or about
the premises of an adult bookstore, adult novelty store or adult video
store.
(17)
A person commits an offense if the person intentionally or knowingly
appears in a state of nudity or semi-nudity in or on the premises
of an adult bookstore, adult novelty store or adult video store.
(c)
An employee of an adult bookstore, adult novelty store or adult video store must attend training provided by the licensee, owner or operator concerning the requirements of this article as they pertain to such a business, including but not limited to sections 5.05.008(a), 5.05.034, 5.05.036, 5.05.037, 5.05.105, 5.05.141, 5.05.142, 5.05.143 and 5.05.144, before the employee receives any compensation for the person’s services. The licensee, owner or operator shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services, and at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee, owner or operator, identifying the date on which the training was provided, and the specific topics discussed.
(d)
A
licensee, owner or operator shall designate and appoint one or more
individuals to manage, direct, and control the premises and operations
of the adult bookstore, adult novelty store or adult video store.
At least one person so appointed shall be on the premises at any time
the adult bookstore, adult novelty store or adult video store is open.
(e)
An operator or a person appointed under subsection (d) above shall at all times have the duty to ensure that each employee in the adult bookstore, adult novelty store or adult video store has received the training required by subsection (c) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 2018-03-05, sec. 107,
adopted 3/20/18)
(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, a film, photograph, picture, videocassette or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(1)
An application for a sexually oriented business license 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 license 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 shall be oriented to the north, or
to some designated street or object, and shall 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 the previously submitted
diagram 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.
(4)
The licensee, owner or operator commits an offense if the licensee,
owner or operator permits a manager’s station to be unattended
by an employee at any time a customer is present on, in or about 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 or any other equipment allowing for the viewing
of film, videos, photographs or other video reproductions. 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 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, owner or operator commits an offense if the licensee,
owner or operator permits a customer access to any area of the premises
that is not visible from the manager’s station for any purpose,
excluding restrooms.
(7)
The licensee, owner, operator or employee present on the premises shall ensure that the view area specified in subsection (5) of this section remains unobstructed by any doors, curtains, partitions, walls, blinds, locks or other control-type devices, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises, and 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 (a)(1) of this section.
(8)
The premises 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 one footcandle
as measured as the floor level.
(9)
The licensee, owner or operator commits an offense if the licensee,
owner or operator permits illumination of any area of the premises
to which customers have access to be less than one footcandle as measured
at the floor level.
(10)
No viewing room or booth of less than 150 square feet of floor space
shall be occupied by more than one person at any time.
(11)
No licensee, owner or operator shall allow openings or holes of any
kind to exist between adjacent or adjoining viewing rooms or booths.
(12)
No person shall make or attempt to make an opening or hole of any
kind between adjacent or adjoining viewing rooms or booths.
(13)
The licensee, owner or operator shall, during each business day,
regularly inspect the walls of all viewing rooms or booths to determine
if any openings or holes exist.
(14)
In a viewing room or booth of less than 150 square feet of floor
space, the walls shall be no more than 48 inches tall. At least one
wall of any such viewing room or booth shall be visible in a direct
unobstructed line of sight from the manager’s station. Each
wall or door of any such viewing room or booth shall be constructed
of clear transparent glass, plastic or substantially equivalent materials
that allow an unobstructed view of the entire interior of the viewing
room or booth.
(15)
Live entertainment is prohibited in any viewing room or booth of
less than 500 square feet of floor space, as well as any other room
adjacent to or visible from any viewing room or booth.
(16)
The licensee, owner or operator commits an offense if the licensee,
owner or operator intentionally or knowingly allows a person to appear
in a state of nudity or semi-nudity in, on or about the premises of
a sexually oriented business, other than an adult motel, which exhibits
on the premises in a viewing room of less than 500 square feet of
floor space, a film, photograph, picture, videocassette or other video
reproduction which depicts specified sexual activities or specified
anatomical areas.
(17)
A person commits an offense if the person intentionally or knowingly
appears in a state of nudity or semi-nudity in or on the premises
of a sexually oriented business, other than an adult motel, which
exhibits on the premises in a viewing room of less than 500 square
feet of floor space, a film, photograph, picture, videocassette or
other video reproduction which depicts specified sexual activities
or specified anatomical areas.
(c)
An employee of a sexually oriented business that exhibits sexually explicit films, photographs, pictures or videos must attend training given by the licensee concerning the requirements of this article as they pertain to such a business, including but not limited to sections 5.05.008(a), 5.05.034, 5.05.036, 5.05.037, 5.05.105, 5.05.141, 5.05.142, 5.05.143 and 5.05.144, before the employee receives any compensation for the person’s services. The licensee, owner or operator shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services, and at least once a year thereafter. The licensee, owner or operator shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee, owner or operator, identifying the date on which the training was provided, and the specific topics discussed.
(d)
A
licensee, owner or operator shall designate and appoint one or more
individuals to manage, operate, direct, and control the premises and
operations of the sexually oriented business. At least one person
so appointed shall be on the premises at any time the sexually oriented
business as described in this section is open.
(e)
An operator or a person appointed under subsection (d) above shall at all times have the duty to ensure that each employee in the sexually oriented business has received the training required by subsection (c) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 2018-03-05, sec. 108,
adopted 3/20/18)
