City of South Pasadena, FL Operational Provisions For Adult Uses

In addition to the general requirements for an adult use establishment contained in § 147-29, and the special requirements of § 147-31, an adult theater shall, regardless of whether it is licensed, observe the following special requirements.

Adult theaters with a hall or auditorium areas.

(1)

If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions. It shall:

(a)

Have individual, separate seats, not couches, benches or the like, to accommodate the maximum number of persons who may occupy the area.

(b)

Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times.

(c)

Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

(d)

Have one (1) or more manager's stations. No one (1) manager's station can exceed thirty-two (32) square feet of floor area. 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 patron is permitted access for any purpose, excluding rest rooms. Adult material shall not be available or allowed in rest rooms. If the premises has two (2) 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 purposes from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(2)

It shall be the duty of the licensee, the owner and the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in § 147-30A(1)(d) 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 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 in the application filed pursuant to § 147-13.

(3)

It is the duty of the licensee, the owners and the operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises and that the employee is continually monitoring the activities in the adult theater for violations of the provisions of this chapter and of state law.

(4)

The licensee of an adult theater may seek a variance from the provisions of § 147-30A(1)(d), (2) and (3). The variance request shall follow the procedural requirements established for variances under Chapter 130, Land Development Regulations, of the City Code with a hearing before the Planning and Zoning Board and a hearing before the City Commission. The only criteria required for issuance of the variance is that the applicant must demonstrate that the licensee has proposed operational procedures sufficient to guarantee, to a degree similar to the provisions of those subsections, that the areas of the establishment to which patrons have access are monitored for violations of this chapter and of state law. If sufficiently conditioned to assure monitoring and notice to patrons, the direct line of sight requirement of § 147-30A(1)(d) may be varied by the substitution of video surveillance.

(a)

The City Commission may condition the variance so as to satisfy itself that the operational procedures attendant to the variance will be followed, including but not limited to recordkeeping requirements.

(b)

Failure to follow the conditions of the variance may result in a review by the City Commission, at a public hearing, with full notice and opportunity for the applicant to be heard. Revocation of the variance may be justified if, based on the presentation at the hearing, the assurances serving as the basis for issuance of the variance are not being satisfied.

(5)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) footcandle as measured at the floor level.

(6)

It shall be the duty of the licensee, the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions:

(1)

Have a sign posted in a conspicuous place at or near the entranceway which states that maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth.

(2)

Have a permanently open entranceway not less than two (2) feet wide and/or less than six (6) feet high, which entranceway shall not have any curtain rods, hinges, rails or the like which would allow the entranceway to be closed or partially closed by any curtain, door or other partition.

(3)

Have individual, separate seats, not couches, benches or the like, which correlate with the maximum number of persons who may occupy the booth.

(4)

Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle as well as from the manager station at all times.

(5)

Have, except for the entranceway, walls or partitions of solid construction without any holes or openings in such walls or partitions.

Refurbishing of adult theaters.

(1)

Each adult theater subject to this chapter shall cover the floors of areas accessible to patrons with smooth and nonpermeable flooring which can withstand frequent effective cleaning with industrial-strength cleaning agents. Carpeting of any type is prohibited.

(2)

Each adult theater subject to this chapter shall use smooth and nonpermeable upholstery material which can withstand frequent cleaning with industrial-strength cleaning agents to cover furniture permitted by this chapter for the use of patrons.

(3)

Each adult theater subject to this chapter shall have, in areas accessible to patrons, interior wall surfaces which can withstand frequent cleaning with industrial-strength cleaning agents.

(4)

Each adult theater subject to this chapter shall use only those shades, blinds and vertical blinds which can withstand frequent cleaning with industrial-strength cleaning agents. Draperies are prohibited.

Sanitation.

(1)

All areas of each adult theater subject to this chapter accessible to patrons shall be maintained in a clean and sanitary condition. The surfaces of all floors, furniture, countertops, shades, blinds, vertical blinds, doors and walls of areas accessible to patrons shall be cleaned and sanitized a minimum of one (1) time each twenty-four (24) hours with an industrial-strength cleaner.

(2)

All floors, furniture, countertops, shades, blinds, vertical blinds, doors and walls of areas accessible to patrons of adult theaters subject to this chapter shall be renovated or be replaced as needed. All furniture must be kept free from holes and rips.

(3)

Any individual cleaning or sanitizing the areas accessible to patrons shall utilize an appropriate and effective adaptation of the United States Centers for Disease Control's universal precautions for the prevention of transmission of the HIV virus and other diseases. A copy of the approved procedure shall be kept on file at the adult theater and a copy shall be provided to each person cleaning or sanitizing the areas accessible to the patrons. Each such individual shall certify that he has read and understood the procedures by signing a copy of the procedure. The signed copy shall be kept as a part of the records of the adult theater and shall be open for inspection by the Department of Community Improvement.