Each sexually oriented business is subject to all of the following general
requirements:
A.
A sexually oriented business shall conform to all applicable
building statutes, codes, ordinances and regulations, whether federal, state,
county or local.
B.
A sexually oriented business shall conform to all applicable
fire statutes, codes, ordinances and regulations, whether federal, state,
county or local.
C.
A sexually oriented business shall conform to all applicable
health statutes, codes, ordinances and regulations, whether federal, state,
county or local.
D.
A sexually oriented business shall conform to all applicable
zoning regulations and land use laws, whether state, county or local.
E.
A sexually oriented business shall keep the sexually
oriented business license posted in a conspicuous place at the sexually oriented
business at all times, which license shall be available for inspection upon
request at all times by the public.
F.
A sexually oriented business shall opaquely cover each
nonopaque area through which a person outside the sexually oriented business
may otherwise see inside the sexually oriented business.
G.
A sexually oriented business shall, on the first Monday
of every month, provide the Building Inspector with a listing of all persons
who are or who have been employees at the sexually oriented business since
the first Monday of the previous month and their positions.
H.
A sexually oriented business shall not allow any of the exterior walls of the sexually oriented business, excluding signs, to be any color other than a single achromatic or pastel color and shall not allow any of the awnings, canopies, window shutters or other trim or window shutters or other trim or window treatment to be any color other than a different shade of the single achromatic or pastel color of the walls. The trim color shall not exceed 20% of the entire exterior surface of the building. However, nothing in this Subsection H shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
I.
Signs.
(1)
Notwithstanding any sign ordinance or other regulation to the contrary, a sexually oriented business shall not erect, construct, keep or maintain any sign for the sexually oriented business other than as provided in this Subsection I. Except as provided in this Subsection I, such signs shall be subject to the sign ordinance.
(2)
A sign shall not contain any flashing lights, photographs,
silhouettes, drawings or pictorial representations of any manner (except for
the logo of the sexually oriented business, provided that the logo shall not
contain any specified anatomical areas or any male or female forms at or below
the clavicle), and the sign shall contain only the following:
(3)
Each letter forming a word on a sign shall be of a solid
color, and each letter shall be the same print-type, size and color, except
any word which is normally capitalized shall be allowed to use a capital letter
at the beginning of the word. The background behind such lettering on the
display surface shall be of a uniform solid color.
In addition to the general requirements for a sexually oriented business contained in § 55-26, an adult theater or an adult motion-picture theater shall, regardless of whether it is licensed, comply with each of the following special requirements if the adult theater or adult motion-picture theater contains a hall or auditorium area:
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 areas, which number shall
not exceed the number of seats within the hall or auditorium area; and
D.
Have sufficient illumination so that persons in all areas
of the auditorium can be seen.
In addition to the general requirements for a sexually oriented business contained in § 55-26, an adult arcade shall, regardless of whether it is licensed, comply with each of the following special requirements:
A.
Have a sign posted in a conspicuous place at or near
the entranceway which states the maximum number of persons who may occupy
the booth, which number shall correlate with the number of seats in the booth;
B.
Have a permanently open entranceway not less than 32
inches wide and not less than six 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;
C.
Have individual, separate seats, not couches, benches
or the like, which correlate with the maximum number of persons who may occupy
the booth;
D.
Have a well-illuminated, continuous main aisle alongside
the booth in order that each person situated in the booth shall be visible
from the aisle at all times;
E.
Have, except for the entranceway, walls or partitions
of solid construction without any holes or openings in such walls or partitions;
and
F.
Be illuminated by an untinted light bulb of no less than
25 watts.
In addition to the general requirements for a sexually oriented business contained in § 55-26, an adult dancing establishment shall, regardless of whether it is licensed, comply with each of the following special requirements:
A.
It shall have a stage provided for the display or exposure
of any specified anatomical area by an employee to a person other than another
employee consisting of a permanent platform (or other similar permanent structure)
raised a minimum of 18 inches above the surrounding floor and encompassing
an area of at least 100 square feet; and
B.
Any area in which a private performance occurs shall:
(1)
Have a permanently open entranceway not less than two
feet wide and not less than six 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;
and
(2)
Have a wall-to-wall, floor-to-ceiling partition of solid
construction without any holes or openings, which partition may be completely
or partially transparent, and which partition separates the employee from
the person viewing the display.
A person who operates or causes to be operated an adult arcade or adult
motion-picture theater 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:
A.
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 patrons 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 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 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 of the interior of the premises to an accuracy
of plus or minus six inches. The Building Inspector 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.
B.
The application shall be sworn to be true and correct
by the applicant.
C.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Building Inspector.
D.
It is the duty of the owners and operator of the premises
to ensure that at least one employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
E.
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. Rest rooms may not contain video reproduction equipment
or permit viewing any image produced by 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 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 station.
F.
It shall be the duty of the owners and 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 Subsection E remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times 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 Subsection A of this section.
G.
No viewing room may be occupied by more than one person
at any time.
H.
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 footcandle as
measured at floor level.
I.
It shall be the duty of 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.
