§ 26-18. Regulations pertaining to 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 one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(a)
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 (1) or more manager's stations and the location of all overhead light fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of the floor area. The diagram shall also designate the place at which the permit 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 designated 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 (6) inches. The building official 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.
(b)
The application shall be sworn to be true and correct by the applicant.
(c)
No alteration in the configuration or location of a manager's station may be made without the prior approval of the building official or designee;
(d)
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.
(e)
The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every 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 (2) or more manager's stations designated, then the interior of the premises shall be configured so 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 of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(f)
It is the duty of the owners and operator, as well as any agent and employees present in the premises, to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1).
(g)
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 one (1) footcandle as measured at the floor level.
(h)
It is the duty of the owners and operator, as well as 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.
(2)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(a)
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 (1) or more projection stations and the location of all projection screens and sound fixtures and designating any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professional 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 designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various dimensions of all areas of the premises to an accuracy of plus or minus six (6) inches. The building official 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.
(b)
The application shall be sworn to be true and correct by the applicant.
(c)
No alteration in the configuration or location of a projection station or projection screen may be made without prior approval of the building official or designee;
(d)
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at each projection station at all times that any patron is present on the premises.
(e)
The exterior of the premises shall be configured so that the screens are not visible from any public thoroughfare or from adjacent property. Additional screening may be required if deemed necessary by the building official.
(f)
It shall be the duty of the owners and operator, as well as of any agent and employees present in the premises, to ensure that the viewing and lobby areas remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (2)(a).
(3)
It is illegal for a person having a duty set out in this section to fail knowingly to fulfill that duty.
(Ord. No. 08-105, 4-8-08)