Chapter 5.72 BUSINESS REGULATION SEXUAL ORIENTED BUSINESS AND EMPLOYEES
Section 5.72.200 Adult business - general design & inspection of premises.
A. 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 licensee. The design and construction, prior to
granting a license shall conform to the following:
1. 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.
2. Restrooms may not contain any video playing or 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.
3. 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.
4. The diagram required shall not necessarily be a professional
engineer's or
architects blueprint; however, the diagram must show marked internal dimensions, all
overhead lighting fixtures, and ratings for illumination capacity.
B. It shall be the duty of the licensee and the licensee's
employees to insure 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 insure 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.
C. The premises shall at all times be equipped and operated
with overhead lighting
fixtures of sufficient intensity to 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 insure that the illumination described above is maintained at all times that
any patron is present in the premises.
D. The City shall regularly inspect the premises of the
sexually oriented business in
order to ensure compliance with the provisions of this ordinance. An applicant or
licensee shall permit representatives of the police department, building inspection
department and / or health department to inspect the premises at any time the
establishment is open for business. Such inspection shall be limited to visual assessment
of the activities conducted in areas to which patrons have access or are allowed access; to
requests for inspection of the licenses required under this ordinance; and to requests for
identification of those individuals who reasonably appear to be under the age of eighteen
(18). A person who operates a sexually oriented business or his agent or employee
commits a misdemeanor if he / she refuses to promptly permit such lawful inspection of
the premises.
(Ord. 2003-21, Add, 11/20/2003)