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(A) Age Restriction. Only adults as defined in Section 5.50.120 of this Chapter, shall be permitted on the premises of any adult business establishment. If alcoholic or cereal malt beverages are sold or served on the premises, only persons twenty-one (21) years of age or older may be permitted on the premises.

(B) Hours of Operation. It shall be unlawful for any adult business establishment to be conducted, operated, or otherwise open to the public, customers or members between the hours of 12:00 midnight and 10:00 a.m., Monday through Saturday. No adult business establishment shall be open on any Sunday.

(C) Exterior Display. The premises of all adult business establishments shall be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all exterior doorways must be constructed with an anteroom or foyer so as to prevent observation of the interior of the premises from the exterior of the building.

(D) Nudity Prohibited. No manager, employee, entertainer or customer in an adult business establishment shall be unclothed, nude or in such less-than-opaque and complete attire, costume or clothing, so as to expose to view any “specified anatomical area”.

(E) Protective Barrier Required. Any adult business establishment engaging in the display or performance of live models, dancers, entertainers or other performers shall erect a platform at least two feet (2') above the primary level of the customer floor level on which the employee or entertainer must be contained, shall not permit customers within ten feet (10') of the employee or entertainer and shall, in addition, erect a protective barrier from floor to ceiling, of sufficient strength to prevent customers from entering the area of the employee or entertainer or touching the employee or entertainer in any manner. Further, it shall be unlawful for any customer to be upon any portion of the stage during a performance or for an owner, operator, or manager to permit a customer to be upon any portion of the stage during the performance.

(F) Erotic Touching Prohibited. No employee, dancer, entertainer or customer of an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals, pubic region, breasts or buttocks of themselves or any other person.

(G) Display or Performance. No adult business establishment shall permit any employee, entertainer, model, dancer, other performer or customer to participate in any entertainment, live display or performance which depicts, describes or simulates “specified sexual activities” or contains any acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(H) Devices. No employee, model, dancer, entertainer, other performer or customer shall wear or use any device or covering exposed to view which simulates any “specified anatomical area,” nor shall any employee, model, dancer, entertainer, other performer or customer use artificial devices or inanimate objects to depict any of the prohibited activities described in this Chapter.

(I) Entertainer Payment or Gratuity. No model, dancer, entertainer or other performer while on the premises of an adult business establishment, shall solicit, demand or receive any payment or gratuity from any customer directly, rather all gratuities shall be placed in a permanently affixed receptacle provided for gratuities. No gratuity may be offered or accepted while a performance is being conducted.

(J) Lighting. All adult business establishments, shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than two (2) footcandle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.

(K) Vending Machines Prohibited. No coin or token operated vending machine which sells adult media may be located in a place open to the public, except that said machines are permitted in public places from which minors are excluded.

(L) Closed Booths or Rooms Prohibited. The premises of all adult business establishments shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms, or stalls is visible from a public common area of the premises.

(1) Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

(2) The entire body of any viewing person must also be visible from the public, common area, without the assistance of mirrors or other viewing aids.

(3) No booth shall be occupied by more than one customer at a time.

(4) No holes shall be permitted between booths or individual viewing areas.

(M) Identification Cards. Any adult business employee issued a permit by the City Clerk under the provisions contained herein shall, at all times when working in an adult business establishment, have in such employee’s possession a valid identification card issued by the City, bearing the permit number, the employee’s physical description, and a photograph of such employee. Such identification card shall be laminated to prevent alteration.

(N) Ventilation and Sanitation Requirements. The premises of all adult business establishments shall be kept in a sanitary condition. Separate dressing rooms and rest rooms for men and women shall at all times be maintained and kept in a sanitary condition.

(O) Manager on Premises:

(1) A permitted manager shall be on duty at all adult business establishments at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours.

(2) It shall be the responsibility of the manager to verify that every employee within any adult business establishment possesses a current and valid permit and have in their possession a current and valid identification card at all times while working.

(P) General Prohibitions. No owner, operator, manager, or other person in charge of the premises of an adult business establishment shall:

(1) Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises unless authorized to do so by a properly issued and current liquor license as required by Title 7;

(2) Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;

(3) Knowingly allow or permit any person under the age of eighteen (18) to be in or upon the premises of an adult business establishment or any person under the age of twenty-one (21) if alcohol or cereal malt beverages are sold;

(4) Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, as prohibited by state law or City ordinance;

(5) Knowingly allow or permit a violation of this Chapter or applicable City ordinance; or

(6) Knowingly allow any entertainer, employee, manager, or operator to perform any work, service, or entertainment directly related to the operation of an unlicensed adult business.

(Q) Facilities Necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the Director of Development Services, or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:

(1) The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free of any accumulation of dust, dirt, or refuse. All equipment used in the business’ operation shall be maintained in a clean and sanitary condition. Towels, linens, and items for personal use of operators and patrons shall be clean and freshly laundered for each patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron.

No activity related to an adult business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.

(2) Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilet facilities shall be designated as to the gender accommodated therein.

(3) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

The Director of Development Services shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof. The Director of Development Services may recommend the issuance of a license contingent upon compliance with all requirements of this Section. (Ord. 01-39 § 1, 2001.)