§ 124.120 ADULT-ORIENTED BUSINESS DEVELOPMENT AND PERFORMANCE STANDARDS.

(A) Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in accordance with the fire department and building regulations and standards adopted by the city.

(B) No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any location outside the building of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(C) All off-street parking area and premise entries of the sexually-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the sketch or diagram of the premises required by § 124.040.

(D) The premises within which the adult-oriented business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(E) Except for those businesses also regulated by the state Department of Alcoholic Beverage Control, an adultoriented business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.

(F) The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and

posted to the satisfaction of the City Clerk or designee. No person under the age of 18 years shall be permitted within the premises at any time.

• (G) All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

• (H) Any adult-oriented business which is also an “adult arcade” shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view with the naked eye, and without the aid of any cameras, mirrors, or other devices from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet and which is located in a public portion of the establishment of every area of the premises to which any patron is permitted access for any purpose, including but not limited to the entire interior of individual viewing area, but specifically excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this division must be direct line of sight from the manager's station.

(2) The view area specified in division (H)(5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. 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) No individual viewing area may be occupied by more than one person at any one time.

(4) The walls or partitions between individual viewing areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any individual viewing area such as to allow physical contact through a partition between the occupant of any such individual viewing area and a person on the outside. All individual viewing areas shall be separated from other Individual viewing Areas by a five-foot buffer.

(5) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such individual viewing area or from remaining in the common area of such business, other than the rest-rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

(6) The floors, seats, walls, and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions.

(I) All areas of the Adult-oriented Business shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level:

(J) The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment.

(K) The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(1) Live entertainment shall only be performed either: (a) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stage; or (b) in a location other than on the stage such that the performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the area in which the entertainer is performing is completely separated from the individual viewing area, or other area occupied by a patron, by a floor to ceiling permanent, solid barrier which eliminates the opportunity for any patron/entertainer physical contact.

(2) The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the performer’s use.

(3) The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

(4) The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

om the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

(5) No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, public area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person’s body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business.

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this division.

(7) No patron shall directly pay or give any gratuity to any performer, and no performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase “directly pay” shall mean the person-toperson transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying.

(8) No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area, or natal cleft with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(L) Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards:

(1) Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security

guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of 35 persons.

(2) Security guards for other adult-oriented businesses shall be required at a ratio of one guard for every 100person occupancy limit.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable pro-visions of state law. No security guard required pursuant to this division shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(M) The foregoing applicable requirements of this section shall be deemed conditions of adult- oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07) Penalty, see § 10.99