§ 15-120. Business development and performance standards.

The following applicable requirements shall be deemed conditions of all adult business permits issued pursuant to this article or Ordinance No. 3445 or any extension thereof, and failure to comply with any such requirement shall be grounds for denial, suspension or revocation of the permit.

(a)

Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the state fire marshal or county fire warden standards and regulations and all applicable building and fire safety regulations and standards adopted by the county. If an applicant or operator of an adult business proposes new construction, alteration, repair, reconstruction, renovation or rehabilitation, or change of use or conversion of any building or structure that requires a building permit pursuant to the terms of the county building code, then the applicant or operator shall be subject to all the requirements and conditions of the building (including, but not limited to, fire, electrical, plumbing, mechanical and disability access) codes, laws, regulations and standards in the same manner as for any other building or structure of the same type, size and occupancy classification.

(b)

No adult business shall be operated in any manner that permits the observation of any adult material or live adult cabaret or adult theater performance or nude or seminude person, from any public way or from any location outside the building or area of such establishment. This provision also 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 areas and premise entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one (1) 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 business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

(d)

The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the 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 or on the same parcel of real property.

(e)

An adult business shall not be open for business between the hours of 2:00 a.m. and 8:00 a.m. on any particular day.

(f)

No person under the age of eighteen (18) years shall be permitted within the premises at any time. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are prohibited from entering the premises.

(g)

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

(h)

Any adult business that is an "adult arcade" also 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 from an operator's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more operator'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 (1) of the operator's stations. The view required in this subsection must be direct line of sight from the operator's station.

(2)

No patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted.

(3)

No viewing room or booth that has a floor area of less than twenty (20) square feet may be occupied by more than one (1) person at any one (1) time.

(4)

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one (1) booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.

(5)

The floors, seats, walls and other interior portions of all video rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, blood or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls.

(i)

The following additional requirements shall apply to adult businesses that provide live entertainment depicting, showing or exposing specified anatomical areas or involving specified sexual activities:

(1)

A performer shall not perform, entertain, dance and/or model for patrons of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons. No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. A performer shall not perform, entertain, dance and/or model at an adult business at any time closer than ten (10) feet to any patron.

(2)

A railing, fence, partition or other barrier at least thirty (30) inches in height shall be maintained in front of the stage or stages that is capable of, and which actually results in, separating the performers on stage and patrons by at least ten (10) feet.

(3)

No patron shall directly pay or give any tip or gratuity to any performer, and no performer shall solicit or directly receive any tip or gratuity from any patron at an adult business. This prohibition shall apply at all times on the adult business premises, including during, after and before a performance.

(j)

Rest room facilities shall be provided in accordance with applicable state and county laws and regulations. Where adult material is viewed, used or consumed on the premises, the adult business shall provide and maintain separate rest room facilities for males and females. Males shall be prohibited from using the rest room(s) for females, and females shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms shall not contain television monitors or other motion picture or video viewing, projection, recording or reproduction equipment.

(k)

Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(1)

Adult businesses featuring live entertainment shall provide at least two (2) security guards at all times while the business is open. If the actual occupancy of the premises exceeds thirty-five (35) patrons, then at least three (3) security guards shall be on duty. If the actual occupancy of the premises exceeds seventy (70) patrons, then at least four (4) security guards shall be on duty. One (1) additional security guard shall be on duty for each additional thirty-five (35) patrons over seventy (70).

(2)

Security guards for other adult businesses may be required if it is determined by the director or sheriff that their presence is necessary in order to prevent any of the conduct listed in section 15-118(c)(2) of this article from occurring on the premises.

(3)

Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Each security guard 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 provisions of state law. No security guard required pursuant to this subsection shall act in any other capacity for the adult business, such as a door person, ticket seller, ticket taker, admittance person, operator, or sole occupant of the establishment, while acting as a security guard.

(Ord. No. 3619, § 4, 7-25-2000)