5.45.160 Interior regulations.

(1)    Floor Plans and Alterations.

(a)    Floor Plans. No license shall be issued or continued for an adult entertainment enterprise unless a floor plan is submitted with any original, transfer or renewal application. Such floor plan shall accurately reflect the interior floor plan of the enterprise at the time of filing of the application and shall designate:

(i)    All portions of the enterprise to which customer access will not be permitted;

(ii)    The location of any manager’s station or stations and cash registers;

(iii)    The location of all overhead lighting fixtures;

(iv)    The location of all restrooms;

(v)    The location of all partitions, rooms or booths and the entrances to such rooms or booths;

(vi)    The location of all fire exits;

(vii)    In the case of an adult lounge or adult modeling studio or similar establishment, the location where any live on-premises display will occur and the exact distance, measured in a straight line to the nearest point for customer observation; and

(viii)    The place within the interior of the establishment where the permit of occupancy and adult entertainment license shall be posted, if granted.

(b)    Alterations.

(i)    No additions or alterations to any approved floor plan, other than the removal of booths, rooms or partitions, may be made without the prior written approval of the responsible official upon written application by the licensee, supported by a floor plan, as required by this section, showing the nature and extent of such addition or alteration. No application for a modified permit of occupancy shall be accepted for filing without payment in full of a fee of fifty dollars ($50).

(ii)    Within twenty (20) working days of a technically complete application, the responsible official shall approve the revised floor plan unless it fails to comply with the provisions of this section. Denial and appeal thereof shall be in accordance with Sections 5.45.080 and 5.45.130 of this chapter.

(2)    Lighting Requirements. No license shall be issued or continued for an adult entertainment enterprise unless such enterprise installs or maintains, except during actual projection of films by adult movie theaters, overhead lighting fixtures of sufficient intensity to illuminate every place within the interior of the premises to which customers will be permitted access at an illumination of not less than one (1) footcandle as measured at floor level.

(3)    Interior Sight and Setback Requirements. Except for an adult motel, no license shall be issued or continued for any adult entertainment enterprise unless the floor plan, as built and maintained, provides for the following:

(a)    Unobstructed Observation. Unobstructed observation, from any manager station or stations, measured in a straight line, must be possible so that all customers are visible from the waist down at all times in any portion of the interior of the enterprise. For purposes of this section, doors, curtains, partitions, racks, shelves or display racks shall be deemed obstructions. This section shall not apply to restrooms within the premises.

(b)    Live Display Areas and Setbacks. In the case of adult lounges, adult modeling studios or like enterprises which provide live on-premises display of adult material, in addition to the requirements of subdivision (a) of this subsection, all areas where such display will occur shall be raised to a height of not less than two (2) feet and shall be separated by a setback area of a distance of ten (10) lineal feet from any customer observation area, measured in a straight line from the nearest point of the display area to the nearest point of customer observation. (Sec. 6 of Ord. 1990-08-03; amended by Sec. 1 of Ord. 2006-09-13)