A person having a duty under § 55-30 of this chapter commits a violation of this chapter if he knowingly fails to fulfill that duty.
It shall be unlawful for any person to be an operator of a sexually
oriented business where the person knows or should know:
A.
That the sexually oriented business does not have a sexually
oriented business license for any applicable classification;
B.
That the sexually oriented business has a license which
is under suspension;
C.
That the sexually oriented business has a license which
has been revoked or cancelled; or
D.
That the sexually oriented business has a license which
has expired.
B.
It shall be unlawful for any person to be an operator of an adult theater or adult motion-picture theater which does not satisfy all of the special requirements of § 55-27, regardless of whether the sexually oriented business is licensed under this chapter.
C.
It shall be unlawful for any person to be an operator of an adult arcade which does not satisfy all of the special requirements of § 55-28, regardless of whether the sexually oriented business is licensed under this chapter.
D.
It shall be unlawful for any person to be an operator of an adult dancing establishment which does not satisfy all of the special requirements of § 55-29, regardless of whether the sexually oriented business is licensed under this chapter.
E.
It shall be unlawful for any person to be an operator
of a sexually oriented business while the entrance or exit of the sexually
oriented business is locked when a person other than an employee is inside
the sexually oriented business, regardless of whether the sexually oriented
business is licensed under this chapter.
It shall be unlawful for an operator of a sexually oriented business,
regardless of whether it is licensed under this chapter, knowingly or with
reason to know, permit, suffer or allow any employee:
A.
To engage in a straddle dance with a person at the sexually
oriented business;
B.
To contract or otherwise agree with a person to engage
in a straddle dance with a person at the sexually oriented business;
C.
To engage in any specified sexual activity at the sexually
oriented business;
D.
To allow the sale, possession or consumption of any alcoholic
beverage by any person;
E.
To display or expose at the sexually oriented business less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the female breast or human male genitals in a discernibly turgid state, even if completely and opaquely covered, unless such employee is continuously positioned away from any person other than another employee and unless such employee is in an area as described in § 55-29A;
F.
To display or expose any specified anatomical area while
simulating any specified sexual activity with any other person at the sexually
oriented business, including with another employee;
H.
To, while engaged in the display if exposure of any specified
anatomical area, intentionally touch any person at the sexually oriented business,
excluding another employee; or
I.
To intentionally touch the clothed or unclothed body
of a person at the sexually oriented business, excluding another employee,
at any point below the waist and above the knee of the person, or to intentionally
touch the clothed or unclothed breast of any female person.
It shall be unlawful for an operator of a sexually oriented business,
regardless of whether it is licensed under this chapter, to advertise the
presentation of any activity prohibited by any applicable federal, state or
county statute or local ordinance.
It shall be unlawful for an operator of a sexually oriented business,
regardless of whether it is licensed under this chapter, to knowingly, or
with reason to know, permit, suffer or allow:
A.
Admittance to the sexually oriented business of a person
under 18 years of age.
B.
A person under 18 years of age to remain at the sexually
oriented business.
C.
A person under 18 years of age to purchase goods or services
at the sexually oriented business.
D.
A person to work at the sexually oriented business as
an employee who is under 18 years of age.
It shall be unlawful for any person to act as an employee of a sexually
oriented business that he knows or should know is not licensed under this
chapter or which has a license which is under suspension, has been revoked
or cancelled or has expired.
It shall be unlawful to be an operator of a sexually oriented business, regardless of whether it is licensed under this chapter, at which the records for employees required by § 55-22 have not been compiled, are not maintained or are not available for inspection.
It shall be unlawful for any employee of a sexually oriented business,
regardless of whether it is licensed under this chapter:
A.
To engage in a straddle dance with a person at the sexually
oriented business;
B.
To contract or otherwise agree with a person to engage
in a straddle dance with a person at the sexually oriented business;
C.
To engage in any specified sexual activity at the sexually
oriented business;
D.
To allow the sale, possession or consumption of any alcoholic
beverage by any person;
E.
To display or expose at the sexually oriented business less than completely and opaquely covered human genitals or pubic region, less than completely and opaquely covered cleavage of the human buttocks, less than completely and opaquely covered areola and nipple of the human female breast or human male genitals in a discernibly turgid state, even if completely and opaquely covered, unless such employee is continuously positioned away from any person other than another employee and unless such employee is in an area as described in § 55-29A;
F.
To engage in the display or exposure of any specified
anatomical area while simulating any specified sexual activity with any other
person at the sexually oriented business, including with another employee;
H.
To, while engaged in the display or exposure of any specified
anatomical area, intentionally touch any person at the sexually oriented business,
excluding another employee; or
I.
To touch the clothed or unclothed body of any person
at the sexually oriented business, excluding another employee, at any point
below the waist and above the knee of the person, or to touch the clothed
or unclothed breast of any female person.
A.
It shall be unlawful for any person in a sexually oriented
business, other than another employee, to intentionally touch an employee
who is displaying or exposing any specified anatomical area at the sexually
oriented business.
B.
It shall be unlawful for any person in a sexually oriented
business, other than another employee, to intentionally touch the clothed
or unclothed breast of any employee or to touch the clothed body of any employee
at any point below the waist and above the knee of the employee.
It shall be unlawful for any person in an adult arcade to occupy a booth in which booth there are more people than that specified on the posted sign required by § 55-28.
Notwithstanding any provision indicating to the contrary, it shall not
be unlawful for any employee of a sexually oriented business, regardless of
whether it is licensed under this chapter, to expose any specified anatomical
area during the employee's bona fide use of a rest room or during the employee's
bona fide use of a dressing room which is accessible only to employees.
A.
It shall be unlawful for any operator of a sexually oriented
business to allow such sexually oriented business to remain open for business
or to permit any employee to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service or solicit a service between
the hours of 4:00 a.m. and 8:00 a.m., Monday through Saturday, and between
the hours of 4:00 a.m. to 12:00 noon on Sunday.
B.
It shall be unlawful for any employee of a sexually oriented
business to engage in a performance, solicit a performance, make a sale, solicit
a sale, provide a service or solicit a service between the hours of 4:00 a.m.
and 8:00 a.m., Monday through Saturday, and between the hours of 4:00 a.m.
to 12:00 noon on Sunday.
It shall be unlawful for any person to alter or otherwise change the
contents of a sexually oriented business license without the written permission
of the Building Inspector.
It shall be unlawful for any person applying for a sexually oriented
business license to make a false statement which is intended to facilitate
the issuance of a license or to provide false information which is intended
to facilitate the issuance of a license.
Whoever violates any section of Article VI of this chapter shall be subject to criminal prosecution.
It shall be unlawful for any employee of a sexually oriented business,
regardless of whether it is licensed under this chapter, to loiter outside
any structure on the sexually oriented business or to engage in advertising
on behalf of the employee, any other employee or the sexually oriented business
while situated outside any structure on the sexually oriented business, including
but not limited to sitting or standing outside any structure on the sexually
oriented business or waving to or otherwise enticing potential customers beyond
the sexually oriented business to enter the sexually oriented business. For
purposes of this section, the term "outside any structure" shall be construed
to mean the employee is situated at a place at the sexually oriented business
where he or she is visible from any public right-of-way or sidewalk.
It shall be unlawful to sell, consume, serve, possess or permit to be
sold, consumed, served or possessed any alcoholic beverage at any sexually
oriented business.
It shall be unlawful to gamble or permit gambling at any sexually oriented
business.
It shall be unlawful to refuse to allow an inspection of the sexually
oriented business premises as authorized by this chapter.
