No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day.
(Ord. 1418-2012; Code 2000 § 112.30)
(A)
A person who operates or causes to be operated a sexually oriented business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1)
Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. 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 Commissioner 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)
It shall be the duty of the operator, and of any employees present on the premises, to ensure that 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.
(3)
It shall be the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the licensed premises.
(4)
It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(a)
That the occupancy of viewing rooms less than 150 square feet is limited to one person.
(b)
That specified sexual activity on the premises is prohibited.
(c)
That the making of openings between viewing rooms is prohibited.
(d)
That violators will be required to leave the premises.
(e)
That violations of these regulations are unlawful.
(5)
It shall be the duty of the operator to enforce the regulations articulated in subsections (A)(4)(a) though (e) of this section.
(6)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed 32 square feet of floor area. If the premises has two or more operator'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, excluding restrooms, from at least one of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this division remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(7)
It shall be the duty of the operator to ensure that no porous materials are used for any wall, floor, or seat in any booth or viewing room.
(C)
No patron shall knowingly or recklessly enter or remain in a viewing room less than 150 square feet in area that is occupied by any other patron.
(D)
No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a viewing room that is 150 square feet or larger in area.
(E)
No person shall knowingly or recklessly make any hole or opening between viewing rooms.
(Ord. 1418-2012; Code 2000 § 112.31)
(A)
It shall be the duty of the operator of a sexually oriented business to:
(1)
Ensure that at least two conspicuous signs stating that no loitering is permitted on the premises are posted on the premises; and
(2)
Designate one or more employees to monitor the activities of persons on the premises by visually inspecting the premises at least once every 90 minutes or inspecting the premises by use of video cameras and monitors. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.
(B)
No sexually oriented business shall erect a fence, wall, or similar barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
(C)
It shall be unlawful for a person having a duty under this section to knowingly or recklessly fail to fulfill that duty.
(Ord. 1418-2012; Code 2000 § 112.32)
(A)
Any premises on which repeated violations of this chapter occur shall constitute a public nuisance. For purposes of this chapter, "repeated violations" shall mean three or more violations of this chapter within a one-year period dating from the time of any violation.
(B)
The city's legal counsel is hereby authorized to institute civil proceedings to enjoin, restrain, or correct violations of this chapter. These proceedings shall be brought in the name of the city; provided, however, that nothing in this section and no action taken hereunder shall be held to exclude such proceedings as may be authorized by other provisions of this chapter, or any of the laws in force in the city, or to exempt anyone violating this code or any part of the said laws from any liability which may be incurred.
(Ord. 1418-2012; Code 2000 § 112.33)
(A)
No patron, employee, or any other person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity or engage in a specified sexual activity.
(B)
No person shall knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six feet from all patrons and on a stage at least 18 inches from the floor in a room of at least 600 square feet.
(C)
No employee who appears semi-nude in a sexually oriented business shall knowingly or intentionally touch a customer or the clothing of a customer on the premises of a sexually oriented business.
(D)
No person shall knowingly or recklessly allow a person under the age of 18 years to be or remain on the premises of a sexually oriented business.
(E)
No operator or licensee of a sexually oriented business shall knowingly violate the regulations in this section or knowingly or recklessly allow an employee or any other person to violate the regulations in this section.
(F)
A sign in a form to be prescribed by the Building Commissioner, and summarizing the provisions of subsections (A) through (D) of this section shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry. No person shall cover, obstruct, or obscure the sign.
(Ord. 1418-2012; Code 2000 § 112.34)
This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
(Ord. 1418-2012; Code 2000 § 112.35)
In the event that a city official is required to act or to do a thing pursuant to this chapter within a prescribed time, and fails to act or to do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the city official under this chapter, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the city of an applicant or licensee's application for a sexually oriented business license or a sexually oriented business employee's license (including a renewal), the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the city's action has passed.
(Ord. 1418-2012; Code 2000 § 112.36)
(A)
It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city, unless the sexually oriented business is at least 750 feet from every residence.
(B)
For purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest part of any parcel containing a sexually oriented business to the closest part of any parcel containing a residence.
(Ord. 1418-2012; Code 2000 § 112.37)