<div class="chunk-title">Sec. 24-41. - Regulations pertaining to exhibition of sexually explicit films, videos, and live performances.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               A person who operates or causes to be operated a sexually oriented business, other
               than an adult motel, which exhibits on the premises a viewing room of less than 150
               square feet of floor space, a film, video cassette, other video reproduction, or live
               performance that depicts specified sexual activities or specified anatomical areas,
               shall comply with the following requirements:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Upon application for a sexually 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 business 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 designed 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 county
               manager may waive the foregoing 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 prepared.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The application shall be sworn to be true and correct by the applicant.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               No alteration in the configuration or location of a manager's station may be made
               without the prior approval of the county manager or his designee.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               It is the duty of the owners and operator of the premises to ensure that at least
               one employee is on duty and situated in each manager's station at all times that any
               patron is present inside the premises.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The interior of the premises shall be configured in such a manner that there is an
               unobstructed view from a manager's station of the entire area of the premises to which
               any patron is permitted access for any purpose excluding restrooms. Restrooms may
               not contain video reproduction equipment. If the premises has two or more manager's
               stations designed, then the interior of the premises shall be configured in such a
               manner that there is an unobstructive view of the entire area of the premises to which
               any patron is permitted access for any purpose from at least one of the manager's
               stations. The view required in this subsection may be by direct line of sight from
               the manager's station.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               It shall be the duty of the owners and operator, and it shall also be the duty of
               any agents and employees present in the premises to ensure that the view area specified
               in subsection (5) remains unobstructed by any doors, walls, merchandise display racks,
               or other materials at all times and to ensure that 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 in the application filed pursuant to subsection (1) of this section.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               No viewing room may be occupied by more than one person at any time.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The premises 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.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               It shall be the duty of the owners and operator, and it shall also be the duty of
               any agents and employees present in the premises to ensure that the illumination described
               above is maintained at all times that any patron is present in the premises.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               No licensee shall allow an opening of any kind to exist between viewing rooms or booths.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               No person shall make or attempt to make an opening of any kind between viewing booths
               or rooms.
               </p>
            		
            <p class="incr1">
               (12)
               </p>
            		
            <p class="content2">
               The operator of the sexually oriented business shall, during each business day, inspect
               the walls between the viewing booths to determine if any openings or holes exist.
               </p>
            		
            <p class="incr1">
               (13)
               </p>
            		
            <p class="content2">
               The operator of the sexually oriented business shall cause all floor coverings in
               viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
               </p>
            		
            <p class="incr1">
               (14)
               </p>
            		
            <p class="content2">
               The operator of the sexually oriented business 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 49 inches of the floor.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               A person having a duty under subsections (a)(1) through (14) of this section is in
               violation of this article if he/she knowingly fails to fulfill that duty.
               </p>
            		
            <p class="historynote0">
               (Ord. of 2-2-98, Â§ 100.16)
               </p></div>