<div class="chunk-title">Sec. 8-46. - Regulations pertaining to adult live entertainment businesses.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               Purpose. The private or semi-private performance of adult live entertainment in areas
               commonly known as "VIP rooms, VIP booths, or VIP areas" presents opportunities for
               illegal activity such as, but not limited to, indecent exposure and solicitation for
               prostitution. The purpose of this section is to eliminate VIP adult live entertainment
               and to require all adult live entertainment to occur in a manner and location that
               freely permits management and a broad number of patrons to visually observe the entertainment
               so as to minimize the opportunities for adult live entertainment to lead to illegal
               activity. The provisions of this section shall be interpreted and applied in light
               of this purpose.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               An adult live entertainment business, regardless of whether or not a license has been
               issued for said business under this article, shall be subject to the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               An application for a sexually oriented business license for adult live entertainment
               shall be accompanied by a diagram of the premises specifying areas where adult live
               entertainment may occur. 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 some designated street or object and should be drawn to a designated
               scale 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 sheriff 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 and the areas where adult live entertainment may occur required to
               be designated in the diagram have not been altered since it was prepared.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Areas where adult live entertainment may occur must:
               </p>
            		
            <p class="incr2">
               a.
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            <p class="content3">
               Be at least 750 square feet in area. Notwithstanding the foregoing, an adult live
               entertainment business that, as of the effective date of this article, has as its
               only area where adult live entertainment occurs an area of less than 750 square feet
               may continue to offer adult live entertainment in that area so long as (i) the square
               footage of the area is not reduced; (ii) adult live entertainment does not occur in
               any other area of the business establishment; and (iii) the business complies with
               all other provisions of this article; and
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
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               Contain one or more stages or raised areas where all adult live entertainment must
               occur; and
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Be accessible to all patrons without payment of any charge other than the charge,
               if any, for entry into the premises, such as a cover charge or membership fee; and
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Not contain any areas visually screened, obstructed, or separated from the majority
               of the patrons located in that area, which patrons are present in that area without
               payment of any charge other than the charge, if any, for entry into the premises,
               such as a cover charge or membership fee.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               No alteration in the configuration of the areas where adult live entertainment may
               occur designated in the diagram required by subsection (b)(1) above may be made without
               first attaining an amendment to the license by submitting and receiving approval of
               a new diagram.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Adult live entertainment may occur only:
               </p>
            		
            <p class="incr2">
               a.
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            <p class="content3">
               In the presence of and visually observable by an employee who is not an adult live
               entertainer; and
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               In the presence of and visually observable by more than one patron; and
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               In an area that is shown on an approved diagram as an area where adult live entertainment
               may occur; and which shall be confined to the stage or stages. There must be at least
               ten feet of separation between all patrons and entertainers during a performance.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               In an area that is not visually screened, obstructed, or separated from the majority
               of the patrons located in that area, which patrons are present without payment of
               any charge other than the charge, if any, for entry into the premises, such as a cover
               charge or membership fee; and
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               In an area that is accessible to all patrons without payment of any charge other than
               the charge, if any, for entry into the premises, such as a cover charge or membership
               fee.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Subsections (b)(4)d. and e. above do not prohibit or limit charges to patrons by adult
               live entertainers, or payment to, or the tipping of, such persons by the patrons.
               Provided no tipping may take place on the performance stage, during a performance
               or while the entertainers is in a state of nudity or partial nudity, such as displaying
               the naked breast of a female.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               It shall be the duty of the operator and any owner who is present on the premises
               to ensure that adult live entertainment is not performed in the presence of patrons
               in violation of subsection (b)(4) above. It shall be unlawful for any such operator
               or owner to knowingly fail to fulfill that duty.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               It shall be unlawful for an adult live entertainer to engage in or perform adult live
               entertainment in violation of subsection (b)(4) above.
               </p>
            		
            <p class="historynote0">
               (Ord. of 7-7-03, Â§ 16)
               </p></div>