9.60.140 Exhibition of Sexually Explicit Films or Videos.
(1) 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 of less than three hundred fifty (350) square feet of floor space, a film, video cassette, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(a) Each application for a sexually-oriented business license shall contain a diagram of the premises showing the location of each restroom, operator station, viewing room, overhead lighting fixture, video camera and monitor installed for monitoring purposes and shall designate those portions of the premises where customers will not be permitted.
(i) Restrooms shall not contain video reproduction equipment.
(ii) The diagram shall also designate the place where the license will be conspicuously posted, if granted.
(iii) A professionally prepared diagram in the nature of an architectural drawing shall not be required; however, the top of each diagram shall be oriented to the north or to some designated street or object and shall 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 (6) inches. The Finance Director may waive the foregoing diagram for renewal applications if the applicant presents a previously submitted diagram and certifies that the configuration of the premises has not been altered since it was prepared.
(b) It shall be the duty of the operator, and of any employee present on the premises, to ensure no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to Subsection (1)(a) of this Section.
(c) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place where customers are permitted access at an illumination of not less than five (5) foot candles as measured at the floor level. The operator and any employee present on the premises shall have the duty to ensure the illumination described above is maintained at all times when the premises are occupied by customers or open for business.
(d) The operator and any employee present on the premises shall have the duty to ensure no sexual activity occurs in or on the licensed premises.
(e) The operator shall have the duty to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(i) occupancy of viewing rooms is limited to one (1) person;
(ii) sexual activity on the premises is prohibited;
(iii) making of openings between viewing rooms is prohibited;
(iv) violators will be required to leave the premises; and
(v) violations of Subsections (i), (ii) and (iii) of this Section (e) are unlawful.
(f) The operator shall have the duty to enforce the regulations set forth in Subsections (e)(i) though (e)(iv) above.
(g) The interior of the premises shall be configured to provide an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room, but excluding restrooms, to which any customer is permitted access for any purpose.
(i) An operator’s station shall not exceed thirty-two (32) square feet of floor area.
(ii) If the premises have two (2) or more operator’s stations designated, then the interior of the premises shall be configured to provide an unobstructed view of each area of the premises to which any customer is permitted access for any purpose from at least one (1) of the operator stations. The view required in this subsection shall be by direct line of sight from an operator’s station.
(iii) The operator shall have the duty to ensure at least one (1) employee is on duty and situated in each operator’s station at all times when a customer is on the premises, and
(iv) The operator and any employees present on the premises shall have the duty to ensure the view area specified in this Subsection remains unobstructed by any door, curtain, wall, merchandise, display rack or other material or enclosure at all times when a customer is present on the premises.
(2) It shall be unlawful for a person having a duty under this Section to knowingly fail to fulfill that duty.