No sexually oriented business, except for an adult motel, may
remain open at any time except between the hours of 12:00 p.m. (noon)
and 9:00 p.m. on weekdays and Saturdays, and from 2:00 p.m. until
9:00 p.m. on Sundays.
(Ordinance 2018-03-05, sec. 141,
adopted 3/20/18)
A licensee, owner, operator or employee commits an offense if
the licensee, owner, operator or employee intentionally, knowingly,
or recklessly allows a person under the age of 18 years on the premises
of a sexually oriented business.
(Ordinance 2018-03-05, sec. 142,
adopted 3/20/18)
(a) 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, a 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”).
(b) It
is an offense for an employee, while in a state of nudity or semi-nudity
in a sexually oriented business, to receive directly any pay or gratuity
from any patron or customer, or for any patron or customer to pay
or give any gratuity directly to any employee, while that employee
is in a state of nudity or semi-nudity in a sexually oriented business.
Such gratuity or pay may be provided to such employee through a tip
receptacle, located more than six feet from the nearest point of the
performance stage where such employee is in a state of nudity, or
may be paid to an employee that is not in a state of nudity or semi-nudity,
as part of the customer’s bill.
(c) It
is an offense if an employee, while in a state of nudity or semi-nudity,
touches a customer or the clothing of a customer.
(d) It
is an offense if a customer touches an employee appearing in a state
of nudity or semi-nudity or clothing of the employee.
(Ordinance 2018-03-05, sec. 143,
adopted 3/20/18)
(a) A licensee, owner or operator commits an offense if the licensee, owner or operator fails to display a sign on the interior of the sexually oriented business premises notifying customers and employees of the prohibition prescribed by section
5.05.143(a),
(b),
(c) and
(d). The sign must be prominently and continuously displayed where customers enter the premises, and immediately adjacent to each stage, and must state in letters at least two inches high:
TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY
OR SEMI-NUDITY IS A CRIME (MISDEMEANOR), PUNISHABLE BY FINE UP TO
$2,000. PATRONS SHALL REMAIN AT LEAST SIX (6) FEET FROM ALL UNENCLOSED
PERFORMANCE STAGES WHILE A PERSON IS PERFORMING ON SAID PERFORMANCE
STAGE.
The chief of police may require, at the time of issuance or
renewal of the license, the licensee, owner or operator to also display
the sign in a language other than English if he determines that a
substantial portion of the expected customers speak the other language
as their familiar language. Upon notification, a licensee, owner or
operator commits an offense if the sign does not contain the language
in the required language, in addition to English.
(b) A licensee, owner or operator commits an offense if the licensee, owner or operator fails to prominently and continuously display a two inches wide glow-in-the-dark line on the floor of the sexually oriented business marking a distance of six feet from each unenclosed stage on which an employee in a state of nudity may appear in accordance with section
5.05.143(a).
(Ordinance 2018-03-05, sec. 144,
adopted 3/20/18)
(a) It
shall be an offense for any person to maintain, own or operate a sexually
oriented business on any premises on which alcoholic beverages are
served or offered for sale for consumption.
(b) It
shall be an offense for any person who maintains, owns or operates
any commercial establishment where alcoholic beverages are served
or offered for sale for consumption on the premises to permit any
person to appear in a state of nudity or semi-nudity.
(Ordinance 2018-03-05, sec. 145,
adopted 3/20/18)