(a) A
nude studio or modeling studio shall not employ any person under the
age of 18 years. A person commits an offense if he knowingly or recklessly
or with criminal negligence employs any person under the age of eighteen
(18) years in a nude studio or modeling studio.
(b) A
person under the age of 18 years commits an offense if he appears
in a state of nudity before a person or before persons in or on the
premises of a nude studio or modeling studio. It is a defense to prosecution
under this subsection if the person under eighteen (18) years of age
was in a restroom not open to the public view or to persons of the
opposite sex.
(c) A
person commits an offense if he appears in a state of nudity or knowingly
or recklessly or with criminal negligence allows another to appear
in a state of nudity in an area of a nude studio or modeling studio
premises which can be viewed from the public right-of-way.
(d) A
nude studio or modeling 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.
(Ordinance adopted 5/18/1994,
sec. 6)
(a) A
person commits an offense if he knowingly or recklessly or with criminal
negligence allows a person under the age of 18 years to appear in
a state of nudity to person(s) in or on the premises of an adult theater,
adult movie theater, or escort agency.
(b) A
person under the age of 18 years commits an offense if he knowingly
or recklessly or with criminal negligence appears in a state of nudity
to person(s) in or on the premises of an adult theater, adult movie
theater, or escort agency.
(c) It is a defense under subsections
(a) and
(b) of this section if the person under the age of eighteen (18) years was in a restroom not open to public view or to persons of the opposite sex.
(Ordinance adopted 5/18/1994,
sec. 7)
(a) A
person who operates or causes to be operated a sexually oriented business
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 and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. 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 plus or minus six inches. The director
of public safety 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 director of
public safety.
(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 the 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 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 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 applicant, licensee, owners and operator, and it shall also be the duty of any agents and employees of any of them present in the premises, to ensure that the view area specified in subsection
(5) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure at 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. An illumination as described above is to be maintained
at all times that any patron is present in the premises.
(b) A person having a duty under subsections
(a)(1) through
(7) of this section commits an offense if he knowingly or recklessly or with criminal negligence fails to fulfill that duty.
(Ordinance adopted 5/18/1994,
sec. 8)
(a) It
shall be unlawful to allow a person who is younger than seventeen
(17) years of age to enter or be on the premises of a sexually oriented
business at any time that the sexually oriented business is open for
business.
(b) It
shall be the duty of the applicant, licensee, owners and operator
of each sexually oriented business to ensure that an attendant is
stationed at each public entrance to the sexually oriented business
at all times during such sexually oriented business’s regular
business hours. It shall be the duty of the attendant to not allow
any person under the age of 17 years to enter the sexually oriented
business. It shall be presumed that an attendant knew a person was
under the age of 17 unless such attendant asked for and was furnished:
(1) A valid operator’s, commercial operator’s, or chauffeur’s
driver’s license with photographic identification; or
(2) A valid personal identification certificate issued by the state department
of public safety reflecting that such person is 17 years of age or
older.
(Ordinance adopted 5/18/1994,
sec. 9)