§ 10-29. Operating regulations.

10-29-1. Regulation of live conduct on premises.

(a)

No later than February 15th of each year, this type of adult entertainment establishment shall file a verified report with the city showing the gross receipts and amounts paid to performers (whether engaged as employees or independent contractors) for the preceding calendar year.

(b)

This type of adult entertainment establishment shall maintain and retain for a period of three years the names, addresses and ages of all persons employed or contracted for as performers.

(c)

No adult entertainment establishment shall allow a person, whether employee or patron, to publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area or buttocks in a lewd and obscene fashion. No employee or patron of an adult entertainment establishment shall engage in such lewd or obscene behavior.

(d)

No such establishment shall employ or contract with a person under the age of 18 years or a person not holding a permit pursuant to this article.

(e)

No person under the age of 18 years shall be admitted to this type of adult entertainment establishment.

(f)

This type of adult entertainment establishment may not be open between the hours of 2:00 a.m. and 12:00 noon Monday through Saturday or at any time on Sundays or on Christmas Day.

(g)

This type of adult entertainment establishment shall not serve, sell, distribute, suffer or allow the consumption or possession of any alcoholic beverage or controlled substance upon the premises or upon any parking area dedicated to use of the premises.

(h)

An adult entertainment establishment shall conspicuously display all permits required by this article.

(i)

All dancing and other performances shall occur on a fixed stage intended for that purpose which is raised at least four feet from the level of the floor and on which only performers are allowed. Tables used for seating and service to customers do not meet these standards and shall not be used for performance purposes.

(j)

No performance shall occur closer than ten feet to any patron.

(k)

No performer shall fondle or caress any patron, and no patron shall fondle or caress any performer.

(l)

No patron shall directly pay or give any gratuity to any performer.

(m)

No performer shall solicit any pay or gratuity from any patron.

(n)

All areas of an establishment licensed hereunder shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to three and five-tenths foot candles per square foot.

(o)

All dancing and any other interaction to which patrons are exposed shall occur only in the main room of the establishment. No private rooms or dressing rooms shall be used for entertainment of patrons. No patrons are allowed in any area of the establishment other than the main room or restrooms. No dancers, employees or contractors are allowed in the restrooms designated for use by patrons other than to clean and service same.

(p)

No private performances shall occur within this type of adult entertainment establishment.

(q)

A designated person(s) shall serve as an on-premises operator at all times the adult entertainment establishment is open for business. The operator(s) shall be principally in charge of the establishment and shall be located on the premises during all operating hours.

10-29-2. Regulation of conduct on premises where no live entertainment occurs.

(a)

This type of adult entertainment establishment may not be open between the hours of 2:00 a.m. and 12:00 noon Monday through Saturday or at any time on Sundays or on Christmas Day.

(b)

No adult entertainment establishment shall allow a person, whether employee or patron, to publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area or buttocks in a lewd and obscene fashion. No employee or patron of an adult entertainment establishment shall engage in such lewd or obscene behavior.

(c)

No person under the age of 18 shall be permitted on the premises of this type of adult entertainment establishment.

(d)

The permit shall be displayed in a prominent place on the premises at all times.

(e)

No adult entertainment establishment shall permit any alcoholic beverage to be served, offered or consumed on the licensed premises or in any parking area dedicated to use of the establishment.

(f)

This type of adult entertainment establishment shall not permit any touching, caressing or fondling, either of one's self or of another, of the breasts, buttocks, anus or genitals on the premises or in any parking area dedicated to the establishment.

(g)

All areas where this type of adult entertainment is offered shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein adult entertainment is provided shall be visible from the common area of the premises, so that no private room is created. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.

(h)

A designated person(s) shall serve as an on-premises operator. The operator(s) shall be principally in charge of the establishment and shall be located on the premises during all operating hours.

(Ord. No. 05-2008, § 1, 4-28-2008)