A.
A misdemeanor is committed by 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 or
booth of less than one hundred fifty square feet of floor space, a
film, videocassette, live entertainment, or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, if the person fails to comply with the following regulations:
(1)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a manager's
or employee's station of every area of the premises to which any patron
is permitted access for any purpose, excluding restrooms. Restrooms
may not contain video reproduction equipment. If the premises has
two or more manager's or employee'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 or employee's station.
(2)
At least one employee shall be on duty at all times
that any patron is present inside the premises.
(3)
All viewing rooms and booths shall remain unobstructed
by any doors, curtains, partitions, walls, merchandise, display racks
or other materials and, at all times, no patron shall be permitted
access to any area of the premises which has been designated as an
area in which patrons will not be permitted.
(4)
No viewing room may be occupied by more than one person
at any time.
(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 five
footcandles as measured at the floor level.
(6)
The illumination described above shall be maintained
at all times than any patron is present in the premises.
(7)
No openings of any kind shall be allowed to exist
between viewing rooms or booths.
(8)
No employee shall knowingly, or with reasonable cause
to know, permit or allow a patron to commit on the premises an act
of "public indecency" as set forth in Wyoming Statute 6-4-201.
A.
A person under the age of eighteen years commits an
offense if the person appears semi-nude or in a state of nudity in
or on the premises of a nude model studio. It is a defense to prosecution
under this subsection if the person under eighteen years was in a
restroom not open to public view or visible to any other person.
B.
A person commits an offense if the person appears
in a state of nudity or knowingly allows another to appear in a state
of nudity in an area of a nude model studio premises which can be
viewed from the public right-of-way.
C.
A nude model 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.
Public nudity is prohibited within the City
of Evanston, including in any sexually oriented business.
A.
It shall be a misdemeanor for a person who knowingly
or intentionally appears, entertains or performs in a semi-nude condition
in an adult theater or adult cabaret unless the person is an employee
who, while semi-nude, shall be at least ten feet from any patron or
customer and on a stage elevated at least two feet from the floor.
B.
It shall be a misdemeanor for a patron or customer
to pay or give directly any gratuity to any employee, before, during
or after an employee has performed or entertained in an adult theater
or cabaret. A patron who wishes to pay or give a gratuity to a performer
shall place the gratuity in a container that is at all times located
separately from the performer.
C.
It shall be a misdemeanor for an employee, while semi-nude,
to have physical contact with a customer or patron while on the premises.
It shall be a misdemeanor for a customer to have physical contact
with any employee while said employee is semi-nude in a sexually oriented
business.
A person commits a misdemeanor if the person
knowingly or with reasonable cause to know, permits or allows:
A.
A person under the age of eighteen years to be admitted
or remain on the premises of a sexually oriented business unless accompanied
by a parent or guardian;
B.
A person under the age of eighteen years to purchase
goods or services at the business premises without the specific consent
of a parent or guardian;
C.
A person under the age of eighteen years to work at
the business as an employee.
A person commits a misdemeanor if the person
operates or causes to be operated a sexually oriented business, except
for an adult motel, and allows such business to remain open for business
at any time between the hours of 2 A.M. and 6 A.M. of any particular
day.
A.
It is a defense to prosecution under section 11-50 that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school, licensed by the state of
Wyoming; 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 visible from the exterior
of the structure and no other advertising that indicates a 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 model is on the
premises at any one time.
A.
A person commits a misdemeanor if the person operates
or causes to be operated a sexually oriented business, and advertises
the presentation of or depicts or exhibits any activity prohibited
by any applicable state statute or local ordinance.
B.
A person commits a misdemeanor if the person operates
or causes to be operated a sexually oriented business, and displays
or otherwise exhibits the materials or goods of such sexually oriented
business in advertising which is visible outside the premises. This
prohibition shall not extend to advertising of the existence or location
of sexually oriented business.
A person who operates or causes to be operated
a sexually oriented business in violation of any section of this chapter
of the City Code is subject to a suit for injunction as well as prosecution
for criminal violations. Each day a sexually oriented business so
operates is a separate offense or violation.
If any section, subsection, or clause of this Part 4 shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
All ordinances or parts of ordinances in conflict
with the provisions of this Part 4 are hereby repealed.
The territorial jurisdiction of the regulations
found in this chapter shall include all of the incorporated lands
located within the City, and, pursuant to Wyoming Statutes § 15-3-202,
such other territory peripheral to the City which is located within
one-half mile of the corporate limits.
