§ 10-38. Upkeep requirements.

10-38-1. Premises to be kept in clean and sanitary condition.

(a)

Each permitted premises under this article shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily and more frequently when necessary. This activity shall be supervised by the person in charge of the adult entertainment establishment.

(b)

There shall be provided adequate facilities, equipment and supplies on the permitted premises to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete cleaning of the entire adult entertainment establishment.

(c)

Trash and garbage shall not be permitted to accumulate or to become a nuisance on or in the immediate vicinity of the adult entertainment establishment but shall be disposed of daily or as often as collections permit.

10-38-2. Permit holder to perform inspections.

(a)

The permit holder of an adult entertainment establishment under this article or his designated representative shall make sanitary inspections of the permitted premises at least once a month and shall record and maintain a record of his/her findings for a period of no less than 36 months.

(b)

Each permitted premises shall post and maintain in a readily accessible place a schedule for maintaining the sanitation of the premises.

(c)

It shall be the duty of the permit holder to:

(1)

Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the adult entertainment establishment is located;

(2)

Post conspicuous signs stating that no loitering is permitted on such property; and

(3)

Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering.

10-38-3. Sealing of premises for unsanitary or unsafe conditions.

(a)

An adult entertainment establishment or any part thereof may be sealed by order of the city on finding of a violation of this article resulting in an unsanitary or unsafe condition.

(b)

Prior to sealing, the city shall serve on the permit holder, by personal service on him or by posting in a conspicuous place on the licensed premises, a notice of the violation and an order to correct it within 24 hours after service. If the violation is not so corrected, the city may physically seal the adult entertainment establishment and order the discontinuance of use thereof until the violation has been corrected and the seal removed by the city. The city shall affix to the sealed premises a conspicuous sign labeled "unclean" or "unsafe" as the case may be.

10-38-4. Abatement as sanitary nuisance. An adult entertainment establishment under this article or any part thereof may be abated as a sanitary nuisance.

(Ord. No. 05-2008, § 1, 4-28-2008)