Chapter 5.15 SEXUALLY ORIENTED BUSINESSES

The ordinance codified in this chapter shall be known and may be referred to as the “sexually oriented business and employee licensing ordinance.” [Ord. 99-85 § 2(99-85-001), 1999.]

5.15.020 Purpose.

It is the objective of this chapter that the city establish reasonable and uniform regulations governing the time, place, and manner of operations of sexually oriented businesses and their employees doing business in the city. This chapter shall be construed to protect the governmental interests in protecting the health, safety and welfare of this community in a manner consistent with constitutional protection provided by the United States and Utah Constitutions. [Ord. 99-85 § 2(99-85-002), 1999.]

5.15.030 General applicability.

This chapter imposes regulatory standards and license requirements on certain business activities which are characterized as sexually oriented businesses, and certain employees of those businesses characterized as sexually oriented business employees. Where the context or specific provisions require, this chapter supersedes any other related ordinances. [Ord. 99-85 § 2(99-85-003), 1999.]

5.15.040 Obscenity.

Notwithstanding anything contained in this chapter, nothing in this chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of this code or other applicable federal or state statutes prohibiting obscenity. [Ord. 99-85 § 2(99-85-004), 1999.]

5.15.050 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

“Adult bookstore” or “adult video store” means any commercial establishment:

(a) Which excludes minors from more than 15 percent of the retail floor or shelf spaces of the premises; or

(b) Which as one of its principal purposes offers for sale or rental, for any form of consideration, one or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, the central theme of which depicts or describes specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia which are designated for use in connection with specified sexual activities, except for legitimate medically recognized contraceptives. As used in this section, “principal purposes” means 15 percent or more of the business’s gross yearly sales.

“Adult business” means all adult bookstores, adult video stores, adult motion picture theaters, and adult theaters.

“Adult motion picture theater” means a commercial establishment which shows for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.

“Adult theater” means a theater, auditorium, concert hall or similar commercial establishment which:

(a) Holds itself out as such a business; or

(b) Features persons who appear in live performances in a state of nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

“Business license authority” means the city’s recorder.

“Employ” means hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.

“Escort” means any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. “Escort” shall not be construed to include persons who provide business or personal services, such as private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours and who provide a service not principally characterized as dating or socializing. “Escort” shall also not be construed to include persons providing services such as singing telegrams, birthday greeting, or similar activities characterized by appearances in a public place, contacted by a party other than the person for whom the service is being performed and of a duration not longer than one hour.

“Escort service” means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

“Escort service runner” means any third person, not an escort, who for pecuniary compensation acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is any independent contractor or self-employed.

“Nude and semi-nude dancing agency” means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes or engages the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for nude entertainment, semi-nude dancing bars, or adult theaters.

“Nude entertainment business” means any business, including an adult theater, where employees perform or appear, in the presence of patrons of the business, in a state of nudity or semi-nudity. A business shall also be presumed to be a nude entertainment business if the business holds itself out as such a business.

“Nudity” or “state of nudity” means:

(a) The exposure of a human anus, male genitals, female genitals, or female nipple or areola;

(b) A state of dress which fails to opaquely cover an anus, male genitals, female genitals, or nipple or areola of the female breast.

“Out-call services” means services of a type performed by a sexually oriented business employee away from the premises of the licensed sexually oriented business including but not limited to escorts, models, dancers, entertainers, and other similar employees, regardless of the location of the premises of the licensed business employing the out-call employee.

“Patron” means any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this chapter.

“Pecuniary compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.

“Person” means any person, unincorporated association, corporation, partnership or other legal entity.

“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, anus, and in the case of a female, the nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

“Semi-nude entertainment bars” means any business with an alcohol license issued by the city which permits entertainment in a state of semi-nudity.

“Sexually oriented business” means all adult bookstores, adult video stores, adult motion picture theaters, adult theaters, escort services, nude and semi-nude entertainment bars, as defined by this chapter.

“Sexually oriented business employees” means those employees who work on the premises of the sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, entertainers, escorts, models, and other similar employees whether or not hired as employees, agents, or as independent contractors. “Employees” does not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. “Sexually oriented business employees” does not include cooks, serving persons, bartenders, and similar employees, except where they are managers or supervisors of the business or where the employee will be required or chooses to appear in the sexually oriented business in a nude or semi-nude condition. All persons making the “out-call” meetings under this chapter, including escorts, models, entertainers, guards, escort runners, drivers, chauffeurs, and other similar employees are sexually oriented business employees, regardless of the location of the premises of the licensed business employing the out-call employee.

“Specified anatomical areas” means the human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla, or nipple to the end thereof with less than full opaque covering.

“Specified criminal acts” means:

(a) Providing material harmful to minors;

(b) Perversion;

(d) Unlawful sexual intercourse with a minor;

(e) Fornication;

(f) Lewdness or gross lewdness;

(g) Sodomy;

(h) Rape;

(i) Object rape;

(j) Forcible sexual abuse;

(k) Contributing to the delinquency of a minor;

(l) Custodial interference;

(m) Prostitution offenses;

(n) Pornographic, harmful material, and lewd performance offenses;

(o) Any sexual offense involving a child;

(p) Any offense involving theft or dishonest practices;

(q) Any offense against government order;

(r) Racketeering enterprise offenses;

(s) Money laundering and currency transportation reporting offenses;

(t) Furnishing alcohol, drugs, paraphernalia, or sale of firearms to a minor;

(u) Any other sexual offense;

(v) Offenses committed in other jurisdictions which are substantially similar to those listed in this section regardless of the exact title of the offense;

(w) Attempt, aiding, abetting, solicitation, or conspiracy to commit any of the foregoing offenses.

“Specified sexual activities” means:

(a) Acts of:

(i) Masturbation;

(ii) Human sexual intercourse;

(iii) Sexual copulation between a person and a beast;

(iv) Fellatio;

(v) Cunnilingus;

(vi) Bestiality;

(vii) Pederasty;

(viii) Buggery;

(ix) Anal intercourse; or

(x) Any other act of sexual perversion.

(b) Manipulating, caressing, or fondling by a person of:

(i) The genitals of a human;

(ii) The pubic area of a human; or

(iii) The uncovered female nipple or areola.

(c) Flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. [Ord. 99-85 § 2(99-85-005), 1999.]

5.15.060 Zoning.

It is unlawful for any sexually oriented business to do business at any location within the city not zoned for such business. Sexually oriented businesses licensed as adult businesses, nude entertainment businesses, or semi-nude entertainment bars pursuant to this chapter shall only be allowed in areas zoned I-2. Due to the small size and primarily residential characteristics of the city, there are presently no I-2 zones in Naples City. There is an I-2 zone close to the city on the highway south of the city boundaries located in the unincorporated area of Uintah County. Pursuant to Uintah County ordinance, sexually oriented businesses are permitted in that zone. The city council of Naples City finds that there are no appropriate locations for an I-2 zone in Naples City and that the I-2 zone located close to the city in Uintah County provides an adequate location in close proximity to the city for the establishment of any businesses designated for the I-2 zone herein. Until an I-2 zone is created in Naples City, sexually oriented businesses limited to I-2 zones are prohibited in Naples City and must be located elsewhere. In the event an I-2 zone is created in Naples City in the future, the provisions of this chapter shall apply and govern any sexually oriented business located therein. Businesses regulated by this chapter shall not be located closer than 1,000 feet to each other and not closer than 1,000 feet to residences, religious facilities, schools, public parks, historic sites, medical facilities, day care centers, and any facility which is licensed for the sale or consumption of alcohol. [Ord. 99-85 § 2(99-85-006), 1999.]

5.15.070 License – Business.

It is unlawful for any person to operate a sexually oriented business without first obtaining a sexually oriented business license. The business license shall specify the type of business for which it is obtained.

(1) Sexually oriented business licenses will be limited to one for each 6,000 residents of Naples City.

(2) Any available license will be issued on a first come, first served basis.

(3) No license shall be granted to any business if the applicant has a conviction or plea of no contest to any of the specified criminal acts as follows:

(a) For a misdemeanor criminal charge, five years prior to the application date; or

(b) For a conviction or plea of no contest to a felony criminal charge, 10 years prior to the application date, to any of the specified criminal acts.

(4) As used in the section, “applicant” means sole proprietors, individual partners, principals, officers, directors, and any shareholder of more than 10 percent of a corporation, partnership, limited partnership, or other business entity. [Ord. 99-85 § 2(99-85-007), 1999.]

5.15.080 Employee.

(1) It is unlawful for any sexually oriented business to employ, or for any individual to be employed by a sexually oriented business, in the capacity of a sexually oriented business employee, unless that employee first obtains a sexually oriented business employee license.

(2) No license shall be granted to any business if the applicant has a conviction or plea of no contest to any of the specified criminal acts as follows:

(a) For a misdemeanor criminal charge, five years prior to the application date; or

(b) For a conviction or plea of no contest to a felony criminal charge, 10 years prior to the application date, to any of the specified criminal acts. [Ord. 99-85 § 2(99-85-008), 1999.]

5.15.090 License – Application and disclosure.

Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the business license authority, the following:

(1) The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name.

(2) If the applicant is a corporation, partnership, limited partnership, individual, or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner, principal officer, director, and any shareholder (corporate or personal) of more than 10 percent of the stock of any applicant. Any holding company or any entity holding more than 10 percent of the stock of any applicant shall be considered an applicant for purposes of disclosure under this chapter.

(3) All corporations, partnerships, or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or noncorporate entity to sign the checks for such corporation, partnership, or noncorporate entity.

(4) For all applicants the application must state:

(a) Any other names or aliases used by the individual;

(b) The age, date, and place of birth;

(d) Weight;

(e) Color of hair;

(f) Color of eyes;

(g) Present business address and telephone number (if applicable);

(h) Present residence and telephone number;

(i) Utah driver’s license or identification number; and

(j) Social Security number.

(5) Acceptable written proof that an individual is at least 18 years of age, or in the case of employees to be employed in businesses where a different age is required by state, federal, or local law, proof of the required age.

(6) Attached to the form as provided in this section, four color photographs of the applicant clearly showing the individual’s face, and the individual’s fingerprints on a form provided by the police department. For persons not residing in the city, the photographs and fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency.

(7) A statement of the business, occupation, and employment history of the applicant for three years immediately preceding the date of the filing of the application.

(8) A statement detailing the license and permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including:

(a) Whether such applicant previously operated or was seeking to operate a sexually oriented business in this or any other county, city, state, or territory;

(b) Whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended; and

(d) In the event of any such denial, revocation, or suspension, the applicant must state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(9) For any individual applicant required to obtain a sexually oriented business employee license as an escort or as a nude entertainer, a certificate from the TriCounty health department stating that the individual has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable diseases.

(10) Applicants must disclose all misdemeanor criminal convictions or pleas of no contest for five years prior to the application date and all felony convictions or pleas of no contest for 10 years prior to the application date, except those which have been expunged, and the disposition of all such convictions or pleas of no contest for the applicant, individual or other entity subject to disclosure under this chapter. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a class B misdemeanor shall not be construed as a minor traffic offense); stating the date, place, nature of each conviction or plea of no contest, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of no contest for the purposes of any proceeding involving the business or employee license. Each applicant will be required to sign a release authorizing the city to perform a criminal background check.

(11) In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the property specifically acknowledging the type of business for which applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located.

(12) The application shall include the following:

(a) A description of the services to be provided by the business or employee. If the application is for a business license, the applicant must provide sufficient details of the description of services to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations, or employment guidelines under which the business intends to operate. This description shall also include:

(i) The hours that the business or service will be open to the public;

(ii) The methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity; the methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;

(iii) The methods of supervising employees and patrons to prevent employees and patrons from charging of receiving fees for services or acts prohibited by this chapter or other statutes or ordinances; and

(iv) The methods of screening employees and customers in order to promote the health and safety of employees and customers, prevent the transmission of disease and prevent the commission of acts of prostitution or other criminal activity. [Ord. 99-85 § 2(99-85-009), 1999.]

5.15.100 License – Category and number.

(1) No sexually oriented business premises may operate or be licensed for more than one category of sexually oriented business, except that a business may have a license for both out-call services and a semi-nude dancing agency on the same premises.

(2) The categories of sexually oriented businesses are:

(a) Adult bookstores;

(b) Adult video stores;

(d) Adult theaters;

(e) Escort services;

(f) Nude and semi-nude dancing agencies;

(g) Nude entertainment businesses;

(h) Out-call services; and

(i) Semi-nude entertainment bars. [Ord. 99-85 § 2(99-85-010), 1999.]

5.15.110 License – Fees.

(1) Each applicant for a sexually oriented business or employee license shall be required to pay regulatory license fees pursuant to the following schedule:

(a) Yearly Business Regulatory License Fees.

(i) Adult businesses and semi-nude entertainment bars: $300.00;

(ii) Out-call businesses: $600.00;

(iii) Nude and semi-nude entertainment agencies and nude entertainment businesses: $450.00;

(b) For each business applicant, an initial investigation fee of $100.00 for each applicant required to submit a separate disclosure application;

(i) Any employee providing out-call business services away from the premises of the out-call business: $300.00;

(ii) Adult business employees, out-call business employees requiring a license but not performing any services outside the licensed premises, nude entertainment business employees requiring a license but not individually providing nude entertainment services to patrons, semi-nude entertainment bar employees requiring a license but who are not performers and employees of nude and semi-nude entertainment agencies requiring a license but who are not performers: $100.00;

(iii) Employees of nude entertainment businesses personally providing nude entertainment to patrons: $300.00;

(iv) Professional entertainers performing in semi-nude entertainment: $300.00;

(d) Any individual applying for more than one license at the same time shall pay the higher of all applicable fees and an additional $40.00 for each additional license requested.

(2) These fees shall be in addition to the other licenses and fees required to do business in the city. [Ord. 99-85 § 2(99-85-011), 1999.]

5.15.120 License bond.

Each applicant for a sexually oriented business license shall post with the business license authority a cash or corporate surety bond payable to the city in the amount of $2,000. Any fines assessed against the business, officers, or managers for violations of city ordinances shall be taken from this bond if not paid in cash within 10 days after notice of the fine. In the event that funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to $2,000 within 15 days of the day of notice of any draw against it or the bonding requirement will be considered as unfulfilled. [Ord. 99-85 § 2(99-85-012), 1999.]

5.15.130 License – Term and proration.

(1) Except as provided in this section, sexually oriented businesses and employee licenses issued pursuant to this chapter shall be valid from the date of issuance through January 1st of each succeeding year.

(2) Any business license issued pursuant to this chapter will expire no later than 10 days following the continuous closure or cessation of business operations for which the license was issued, except when cessation or closure is required to repair damage caused by flood, fire, earthquake, or other natural disaster.

(3) Nude modeling employee licenses expire twice a year on July 1st and January 1st. Licenses issued prior to July 1st may be extended to January 1st if the license holder presents the results of his/her current medical examination to the licensing department. The licensing department will issue a sticker extending the expiration date from July 1st to January 1st. No additional fees will be charged for the July renewal.

(4) The license fees required under this chapter shall not be prorated for any portion of a year but shall be paid in full regardless of the portion of the year the license is applied for. [Ord. 99-85 § 2(99-85-013), 1999.]

5.15.140 License – Single location and name.

(1) It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by the business shall require a separate license.

(2) It is unlawful for a sexually oriented business to do business under any name other than the business name specified in the application. [Ord. 99-85 § 2(99-85-014), 1999.]

5.15.150 License – Display.

(1) It is unlawful for any sexually oriented business location to fail to display the license granted pursuant to this chapter in a prominent location within the business premises.

(2) It is unlawful for any individual licensed pursuant to this chapter to fail to, at all times while engaged in licensed activities, carry their employee license on their person. If the individual is nude, such license shall be visibly displayed within the same premises as the employee is performing.

(3) When requested by police, city licensing, or other enforcement personnel or health officials, it shall be unlawful to fail to show the appropriate license. [Ord. 99-85 § 2(99-85-015), 1999.]

5.15.160 License – Issuance.

(1) The city business license official shall approve the issuance of a sexually oriented business license or a sexually oriented business employee’s license to an applicant within 30 days after receipt of a completed application, unless the official finds one or more of the following:

(a) The applicant is under 18 years of age or any higher age, if the license sought requires a higher age;

(b) The applicant is overdue in payment to the city of taxes, fees, fines, or penalties;

(d) The applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application; however, the fact that a conviction is being appealed shall have no effect on the denial;

(e) The applicant has been convicted of a criminal offense as specified in NCC 5.15.050. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section;

(f) The premises to be used for the business have not been approved by the TriCounty health department, the city fire department, the city police department, the city building officials, and the city zoning officials as being in compliance with the applicable laws and ordinances of the city or the laws of the state of Utah;

(g) The license fees required by this chapter or by other ordinances have not been paid;

(h) All applicable sales and use taxes have not been paid;

(i) An applicant for the proposed business is in violation of or not in compliance with this chapter; and

(j) Businesses located outside the corporate boundaries of the city, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location within the appropriate jurisdiction.

(2) An application is not complete until all items required by this chapter have been completed and returned to the business licensing office and each department as specified in this section has determined that the application is complete. A copy of each license application submitted to the business licensing department will be distributed by that department to the police department, planning and zoning department, building inspection, and fire department. Each department will determine within seven working days if the application is complete. Incomplete applications will be returned to the applicant.

(3) The total time for the city, including the TriCounty health department, fire department, city police department, building officials and zoning officials, to approve or deny a license shall not exceed 30 days from the receipt of an application. In the event that a license for any business described in this chapter has not been processed within the 30 days allowed, the city shall issue the temporary license pending completion of the city’s review.

(a) No temporary license shall be issued for more than 30 days.

(b) Any temporary license issued pursuant to this section may be revoked by the city pursuant to revocation procedures provided for herein, if the completed review determines that the license is denied. [Ord. 99-85 § 2(99-85-016), 1999.]

5.15.170 License – Transfer limitations.

Sexually oriented business licenses granted under this chapter shall not be transferable. It is unlawful for a license held by an individual to be transferred. It is unlawful for a license held by a corporation, partnership, or other noncorporate entity to transfer any part thereof without filing a new application and obtaining prior city approval. If any transfer of the controlling interest in a business license occurs, the license is immediately null and void, and the business shall not operate until a separate new license has been properly issued by the city as provided in this chapter. [Ord. 99-85 § 2(99-85-017), 1999.]

5.15.180 License – Statement in advertisements.

It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the city and shall include the city license number. [Ord. 99-85 § 2(99-85-018), 1999.]

5.15.190 Out-call services – Operation requirements.

It is unlawful for any business or employee providing out-call services contracted for in the city to fail to comply with the following requirements:

(1) All businesses licensed to provide out-call services pursuant to this chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this section for a period not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing contract number, date, names of all employees involved in the contract, and pecuniary compensation paid.

(2) All out-call businesses licensed pursuant to this chapter shall maintain an open office or telephone at which the licensee or licensee’s designated agent may be personally contacted during all hours out-call employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For out-call businesses which premises are licensed within the corporate limits of the city, private rooms or booths where the patrons may meet the out-call employee shall not be provided at the open office or any other location by the service, nor shall patrons meet out-call employees at the business premises.

(3) Out-call services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the out-call employee.

(4) All employees of out-call services who provide out-call services within the city shall be licensed in accordance with this chapter, regardless of the primary location of the business. [Ord. 99-85 § 2(99-85-019), 1999.]

5.15.200 Adult business – Design of premises.

(1) In addition to the general requirements of disclosure for a sexually oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises of the license. The design and construction, prior to granting a license shall conform to the following:

(a) The interior of the premises shall be configured in such a manner 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.

(b) Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person being allowed in the restroom per stall, and only one person in any stall at a time, and requiring that patrons shall not be allowed access to manager’s station areas.

(c) For businesses which exclude minors from the entire premises, all windows, doors, and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed so that a minor may not see into the area from which they are excluded.

(d) The diagram required shall not necessarily be a professional engineer’s or architect’s blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures, and ratings for illumination capacity.

(2) It shall be the duty of the licensee and the licensee’s employees to ensure that the views from the manager’s station in subsection (1) of this section remain unobstructed by any doors, walls, merchandise, display racks, or any other material 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.

(3) The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to provide illumination of not less than one foot-candle, measured at floor level. It shall be the duty of the licensee and the licensee’s employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises. [Ord. 99-85 § 2(99-85-020), 1999.]

5.15.210 Semi-nude entertainment business – Design of premises.

(1) It is unlawful for business premises licensed for semi-nude entertainment to:

(a) Permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater, such items may be on the stage as part of a performance;

(b) Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet high and six inches wide. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.

(2) Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of three feet, which separation shall be delineated by a physical barrier at least three feet high. [Ord. 99-85 § 2(99-85-021), 1999.]

5.15.220 Semi-nude dancing agencies – Adult theaters.

(1) It is unlawful for any individual or entity to furnish, book, or otherwise engage the services of a professional dancer, model or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude entertainment business or adult theater licensed pursuant to this chapter, unless such agency is licensed pursuant to this chapter.

(2) It is unlawful for any individual or entity to furnish, book, or otherwise engage or permit any person to perform as a professional dancer, model, or performer in a state of semi-nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this chapter unless such person is licensed pursuant to this chapter. [Ord. 99-85 § 2(99-85-022), 1999.]

5.15.230 Existing businesses – Compliance time limits.

The provisions of this chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of the provisions codified in this chapter and regardless of whether such persons and businesses are currently licensed to do business in the city.

(1) All such persons and businesses requiring out-call service licenses shall have 45 days from the effective date of the ordinance codified in this chapter, or until their current license expires, whichever is first in time, to comply with the provisions of this chapter.

(2) All semi-nude dancing agency licenses shall have 75 days from the effective date of the ordinance codified in this chapter or until their current license must be renewed, whichever is first in time, to comply with the provisions of this chapter. [Ord. 99-85 § 2(99-85-023), 1999.]

5.15.240 Regulations and unlawful activities.

It is unlawful for any sexually oriented business or sexually oriented business employee to:

(1) Allow persons under the age of 18 years on the licensed premises, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas;

(2) Allow, offer, agree to conduct, or conduct any out-call business with persons under the age of 18 years;

(3) Allow, offer, or agree to allow the sale, storage, supply or consumption of any alcoholic beverage on or in the licensed premises;

(4) Allow the outside door to the premises to be locked while any customer is in the premises;

(5) Allow, offer, agree, or permit gambling on the licensed premises;

(6) Allow, offer, or agree to any sexually oriented business employee touching or being touched by any patron or customer except that out-call employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;

(7) Allow, offer, or agree to illegal possession, use, sale or distribution of controlled substances on the licensed premises;

(8) Allow sexually oriented business employees to possess, use, sell, or distribute controlled substances;

(9) Allow, offer, agree to, or permit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor to occur on the licensed premises or, in the event of an out-call employee or business, the out-call employee committing, offering, or agreeing to permit prostitution, attempting to permit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;

(10) Allow, offer, permit or agree to any specified sexual activity as validly defined by city ordinance or state statute in the presence of any customer or patron;

(11) Allow, offer, or agree to any out-call employee appearing before any customer or patron in a state of nudity;

(12) Allow, offer, or agree to allow a patron or customer to masturbate in the presence of the sexually oriented business employee or on the premises of a sexually oriented business;

(13) Allow, offer, or agree to any employee committing any of the specified criminal acts. [Ord. 99-85 § 2(99-85-024), 1999.]

5.15.250 Performers – Prohibited activities.

It is unlawful for any professional dancer, model, or performer, while performing in any business licensed pursuant to this chapter, to:

(1) Touch in any manner any other person;

(2) Throw any object or clothing off the stage area;

(3) Accept any money, drink, or any other object directly from any person;

(4) Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer; or

(5) Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity. [Ord. 99-85 § 2(99-85-025), 1999.]

5.15.260 Patron – Prohibited activities.

(1) It is unlawful for any person or any patron of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give to any such performer any drinks, money, or object while such performer is performing; except that money may be placed on the stage, which shall not be picked up by the performer except by hand.

(2) It is unlawful for any person to possess or consume any alcoholic beverage on the premises of any sexually oriented business. [Ord. 99-85 § 2(99-85-026), 1999.]

5.15.270 Nudity – Defenses of prosecution.

It is a defense to prosecution for violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

(1) By a proprietary school licensed by the state, or a college, or junior college, or university supported entirely or partly by taxation;

(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. [Ord. 99-85 § 2(99-85-027), 1999.]

5.15.280 Suspension or revocation of license.

(1) The city may issue a notice suspending or revoking a sexually oriented business or employee license granted under this chapter if a licensee or an employee of the licensee has:

(a) Violated or is not in compliance with this chapter;

(b) Refused to allow any inspection of the premises of the sexually oriented business specifically authorized by this chapter or by any other statute or ordinance;

(c) Failed to replenish the cost bond as provided in this chapter; such a suspension shall extend until the bond has been replenished;

(d) Given materially false or misleading information in obtaining the license;

(e) Knowingly operated the sexually oriented business or worked under the employee license during the period when the business licensee’s or employee’s license was suspended;

(f) Commits or is convicted of an offense which would be grounds for denial of a license under this chapter. The fact that a conviction is being appealed shall have no effect on the suspension or revocation pursuant to this section;

(g) Become delinquent in payment to the city for ad valorem taxes, or sales taxes related to the sexually oriented business;

(h) Fails to notify the city of any change in the information required to be submitted by this chapter; or

(i) Knows or should know of an employee’s violation of the requirements of this section and fails to terminate the employee.

(2) For the purposes of this section, “licensee” shall be deemed to include sole proprietors, partners, principals, officers, directors, shareholders of more than 10 percent of the stock of any corporation, and holding companies or entities holding more than 10 percent of the business.

(3) Suspension or revocation shall take effect within 10 days of the issuance of notice unless an appeal is filed as provided by this code. [Ord. 99-85 § 2(99-85-028), 1999.]

5.15.290 Duration of revocation.

When a license issued pursuant to this chapter is revoked, the revocation shall continue for one year from its effective date, and the licensee shall not be issued a sexually oriented business or employee license for one year from the date of such revocation. [Ord. 99-85 § 2(99-85-029), 1999.]

5.15.300 Injunction.

An entity or individual who operates or causes to be operated a sexually oriented business without a valid license, or who employs or is employed as an employee of a sexually oriented business or who operates such a business or functions as such an employee in violation of the provisions of this chapter is subject to a suit for injunction in addition to the civil and criminal violations provided in this chapter and any other remedy available at law or in equity. [Ord. 99-85 § 2(99-85-030), 1999.]

5.15.310 Violation – Penalty – Responsibility.

In addition to revocation or suspension of a license, any entity or individual who violates any provision of this chapter shall be guilty of a class B misdemeanor. Any fines imposed under this section may be deducted from the cost bond posted pursuant to this chapter, unless paid within 10 days of notice of the fine or the final determination after any appeal. [Ord. 99-85 § 2(99-85-031), 1999.]