§ 22-423. Additional regulations relating to exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

(a)

A person who operates or causes to be operated an adult-oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, videocassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following:

(1)

Upon application for an adult-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 areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the 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 first prepared.

(2)

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

(3)

It is the duty of the licensee of the adult-oriented business to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the adult-oriented business.

(4)

The interior or the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the adult-oriented business has two or more designated managers' stations, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult-oriented business to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required by this subsection must be by direct line of sight from the manager's station.

(5)

It shall be the duty of the licensee to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

(6)

It shall be the duty of the licensee to ensure that no patron is permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted pursuant to subsection (1) of this section.

(7)

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

(8)

The adult-oriented business 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 footcandles as measured at the floor level.

(9)

It shall be the duty of the licensee to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises.

(10)

No openings of any kind shall exist between viewing rooms or booths.

(11)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

(12)

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

(13)

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

(14)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths 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.

(b)

It is a violation of this article for a person having a duty under this section to knowingly fail to fulfill that duty.

(Ord. No. 99-06, § 6(4.34.655), 2-24-1999)