§ 22-421. Additional regulations relating to live entertainment.

(a)

As used in this section, the term "performer" means any person who is an employee or independent contractor of the adult-oriented business or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

(b)

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for business regulated by the state department of alcoholic beverage control:

(1)

No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 24 inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons. A fixed rail at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

(2)

The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' 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.

(5)

No performers, either before, during, or after performances, shall have physical contact with any patron, and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact anywhere on or within the premises of the adult-oriented business, including off-street parking areas.

(6)

No patron shall directly pay or give any gratuity to any performer, and no performer shall solicit any pay or accept gratuity from any patron.

(7)

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 buttocks 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 subsection may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(Ord. No. 99-06, § 6(4.34.645), 2-24-1999)