(a) 
Touching by employee prohibited.
An employee of an adult cabaret while appearing in a state of nudity, semi-nudity, or simulated nudity commits an offense if he touches a customer or the clothing of a customer.
(b) 
Touching by customer prohibited.
A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity, semi-nudity, or simulated nudity.
(c) 
Access to certain areas prohibited.
A licensee or employee of an adult cabaret commits an offense if he 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 closed area, excluding restrooms.
(Ordinance 2659, § 1(15-184), adopted 9/23/2002)
(a) 
Age requirement for employees.
A person commits an offense if he employs at an escort agency any person under the age of 18 years.
(b) 
Age requirement for customers.
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.
(Ordinance 2659, § 1(15-185), adopted 9/23/2002)
(a) 
Age requirement generally.
A person commits an offense if he employs at a nude model business any person under the age of 18 years.
(b) 
Age requirement for models.
A person under the age of 18 years commits an offense if he appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of a nude model business. 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) 
Viewed from the public right-of-way.
A person commits an offense if he appears in a state of nudity, semi-nudity, or simulated nudity, or knowingly allows another to appear in a state of nudity, semi-nudity, or simulated nudity, in an area of a nude model business premises which can be viewed from the public right-of-way.
(d) 
Use of bed, sofa or mattress restricted.
A person commits an offense if he places or permits a bed, sofa, or mattress in any room on the premises of a nude model business except that a sofa may be placed in a reception room open to the public.
(e) 
Access to certain areas prohibited.
A licensee or employee of a nude model business commits an offense if he 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 closed area, excluding restrooms.
(f) 
Touching by employees prohibited.
An employee of a nude model business, while appearing in a state of nudity, semi-nudity or simulated nudity, commits an offense if he touches a customer or the clothing of a customer.
(g) 
Touching by customer prohibited.
A customer at a nude model business commits an offense if he touches an employee appearing in a state of nudity, semi-nudity or simulated nudity.
(Ordinance 2659, § 1(15-186), adopted 9/23/2002)
(a) 
Age restriction generally.
A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity, semi-nudity, or simulated nudity in or on the premises of an adult theater or adult motion picture theater.
(b) 
Offense by person under 18 years of age.
A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
Defense.
It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance 2659, § 1(15-187), adopted 9/23/2002)
(a) 
Presumption regarding establishment.
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) 
Restriction on use of sleeping rooms.
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.
(c) 
Terms defined.
For purposes of subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
(Ordinance 2659, § 1(15-188), adopted 9/23/2002)
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, video cassette, 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 customers 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 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 or as otherwise designated by the city manager 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 chief of police or his designee.
(4) 
The licensee commits an offense if he permits a manager's station to be unattended by an employee at any time a customer is present on 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. If the premises has 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, excluding restrooms, 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 commits an offense if he permits access to a customer of any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms.
(7) 
The owners, operator, and any agents and employees present on the premises shall 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 customer is present in the premises and to ensure 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 (1) of this section.
(8) 
The premises of an adult bookstore, adult video store, adult novelty store, adult service establishment, nude model business, sex parlor, and sexual encounter center 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 20 footcandles as measured at the floor level.
(9) 
The licensee commits an offense if he permits illumination of any area of the premises to which customers have access to be less than 20 footcandles.
(Ordinance 2659, § 1(15-189), adopted 9/23/2002)
(a) 
Use of public and employee restrooms.
Public and employee restrooms in a sexually oriented business shall not, at any time, contain or be used for sexually oriented business activity, video reproduction equipment, or sexually oriented merchandise.
(b) 
Posting of signage.
An adult arcade, adult bookstore, adult video store, adult novelty store, adult service establishment, adult cabaret, adult theater, adult motion picture theater, nude model business, sex parlor, and sexual encounter center shall at all times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement:
"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES (description of the type of activity licensed to be conducted). IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY (or "NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY," if alcohol is served).
(c) 
Lighting of parking and pedestrian areas.
During hours of darkness when a sexually oriented business is in operation, all required parking and all outdoor pedestrian areas on the premises of the sexually oriented business shall be lighted to an intensity of not less than five footcandles measured at ground level.
(Ordinance 2659, § 1(15-190), adopted 9/23/2002)
Any person who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined an amount as provided in section 1-13.
(Ordinance 2659, § 1(15-191), adopted 9/23/2002)
It is a defense to prosecution under sections 10-154, 10-191, and 10-223 that a person appearing in a state of nudity, semi-nudity, or simulated nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation;
(2) 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) 
In a structure:
a. 
Which has no sign or other advertising visible from the exterior of the structure indicating a nude, semi-nude or simulated nude person is available for viewing; and
b. 
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
c. 
Where no more than one nude, semi-nude or simulated nude model is on the premises at any one time.
(Ordinance 2659, § 1(15-192), adopted 9/23/2002)