§ 12-1200. Exhibiting sexually explicit films and videos or live entertainment in viewing rooms.

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, booth, stall or partitioned portion of a room having less than 150 square feet of floor space, a film, or other video reproduction or live entertainment which depicts specified sexual activities or specified anatomical areas, has the duty to comply with the following requirements:

(1)

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 permit 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 areas of the interior of the premises to an accuracy of plus or minus six inches. The city 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.

(2)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police.

(3)

At least one licensed employee must be on duty and situated in each manager's station at all times that any patron is present inside the premises. 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.

(4)

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 restrooms. Restrooms may not contain video reproduction equipment. No viewing area shall have a door, half-door, curtain, portal partition or other divider unless at least one side is completely open to an adjacent public room and a manager's station so that the area inside is visible to persons in the adjacent public room and a manager's station.

(5)

The viewing area specified herein must remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 as set forth in the application filed pursuant to subsection (1) of this section.

(6)

No viewing area may be occupied by more than one person at any time.

(7)

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 foot candles as measured at the floor level.

(8)

The illumination described in subsection (7) of this section must be maintained at all times that any patron is present in the premises.

(9)

There shall be no openings of any kind to exist between viewing areas.

(10)

No person shall make or attempt to make or allow to be maintained an opening of any kind between viewing areas. A solid metal barrier in which an opening cannot be easily made shall be used in the wall construction between viewing areas within 48 inches of the floor.

(11)

The licensee shall, during each business day, regularly inspect the walls between the viewing areas to determine if any openings or holes exist.

(12)

The licensee shall cause all floor coverings in viewing areas to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(13)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor. A person having a duty under subsections (1) through (12) of this section commits an offense if such person fails to fulfill that duty.

(Code 1982, § 27-18; Ord. No. 88-25, § 2, 7-5-1988)