For the purposes of this chapter, the following terms shall
have the following meanings:
"Adult entertainment pictures"
shall mean a still or motion picture in which a substantial
portion thereof is characterized by an emphasis upon the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
"Picture arcade"
means any premises where there is maintained one or more
machine or contrivance to show still or motion pictures or video-taped
recordings and for which any charge, consideration or payment is required,
except those establishments for which there has been issued a valid
theater or motion picture theater license pursuant to this chapter.
"Specified anatomical areas"
shall mean and include any of the following:
(a)
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areolae; or
(b)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified sexual activities"
shall mean and include any of the following:
(a)
The fondling or touching of human genitals, pubic region, buttocks,
anus or female breasts;
(b)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
(c)
Masturbation, actual or simulated;
(d)
Excretory functions as part of, or in connection with, any of
the activities set forth in subdivisions (a) through (c) of this subsection.
(Prior code § 6362(a); Ord. 90-269 § 1, 1990)
In addition to the information prescribed by the Director, an
application for a picture arcade license shall include the following
information:
1. In
the event the applicant is not the owner of record of the real property
upon which the picture arcade is, or is to be, located the application
must be accompanied by a notarized statement from the owner of the
property acknowledging that a picture arcade is or will be located
on the property. In addition to furnishing such notarized statement.
the applicant shall furnish the name and address of the owner of record
of the property, as well as a copy of the lease or rental agreement
pertaining to the premises in which the picture arcade is or will
be located.
(Prior code § 6362(b); Ord. 269 § 1, 1990; Ord. 08-800 § 2, 2008)
1. Age Restrictions. A picture arcade license shall not be
issued to any person under eighteen years of age, or to a corporation
any of whose officers are under eighteen years of age.
2. Manager Required. All picture arcades shall employ a person
on the premises to act as manager at all times during which the picture
arcade is open.
3. Posting of Regulations. The licensee shall post and continuously
keep a copy of these operating requirements inside the licensed premises
at all times.
4. Visibility from Exterior. The licensee shall not allow any
portion of the interior of a picture arcade to be visible from the
outside of the premises.
5. Visibility of Interior. The entire interior of a picture
arcade shall be visible immediately upon entrance to such premises
by use of either the naked eye, mirrors, or other appropriate surveillance
equipment. Further, the entire body of any person viewing a picture
shall also be visible immediately upon entrance to the premises in
the same manner.
6. Lighting. The licensee shall maintain a minimum of one foot-candle
illumination generally distributed in all parts of the premises at
all times when the picture arcade is open or when the public is permitted
to enter or remain therein.
7. Examination of Pictures by Licensee. The licensee shall
examine the nature and content of the filmed or video pictures prior
to showing or displaying to patrons.
8. Inspection Requirements. The licensee shall not permit any
doors on the licensed premises to be locked during business hours
and, in addition, the licensee shall be responsible for ensuring that
any room or area on the licensed premises shall be readily accessible
at all times and shall be open to view in its entirety for inspection
by any law enforcement officer.
9. Persons under Eighteen Years of Age.
(a) If a picture arcade shows adult entertainment pictures, then persons
under eighteen years of age shall be prohibited from entering, visiting
or remaining on the premises unless accompanied at all times by their
parent, guardian or spouse, eighteen years of age or older.
(b) If a picture arcade shows adult entertainment pictures, a licensee,
manager, proprietor or other person in charge of such picture arcade
shall not allow or permit any persons under the age of eighteen years
to be, remain in, enter or visit such premises unless the minor at
all times is accompanied by his or her parent, guardian or spouse
eighteen years of age or older.
10. Alcoholic Beverages. A picture arcade license shall not
be granted to any business establishment which has a license to sell
alcoholic beverages and which allows the sale and/or consumption of
alcoholic beverages on the premises where the picture arcade would
operate.
(Prior code § 6362(c); Ord. 90-269 § 1, 1990; Ord. 17-1019 § 14, 2018)