Title 5 - Business Licenses and Regulations

5.05 Adult Businesses

5.05.080 Standards of Conduct.

It shall be unlawful for any Adult Business, or any Manager, Server, Entertainer or Employee thereof, or any Patron of an Adult Business, while on or about the premises of the business, to knowingly fail to adhere to the following standards of conduct, as applicable:

  1. A.
    Identification Cards. Any Manager, Server or Entertainer issued a license under this Chapter shall, at all times when working in an Adult Business, have in their possession a valid identification card issued by the City, bearing the permit number, the Employee's physical description and a photograph of such Employee. Such identification cards shall be laminated to prevent alteration.
  2. B.
    Age Restriction. Minors shall not be permitted on the premises of any Adult Business.
  3. C.
    Exterior Observation. The premises of all Adult Businesses will be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
  4. D.
    Exterior Display. No Adult Business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or Persons depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
  5. E.
    Nudity Prohibited. No Manager, Employee, Server, Entertainer or Patron in an Adult Business other than a licensed Bath House shall be Nude.
  6. F.
    Sale or Consumption of Alcohol Prohibited. No alcoholic liquor or cereal malt beverages shall be sold or consumed on the premises of an Adult Business.
  7. G.
    Specified Criminal Acts and Specified Sexual Activities Prohibited. No Manager, Employee, Server, Entertainer or Patron of an Adult Business shall engage in any Specified Criminal Act or any Specified Sexual Activity on the premises of the business.
  8. H.
    Certain Other Acts Prohibited.
    1. 1.
      No Manager, Employee, Server, Entertainer or Patron shall wear or use any device or covering exposed to view which simulates any Specified Anatomical Area or use artificial devices or inanimate objects to simulate or depict any Specified Sexual Activity while on the premises of an Adult Business.
    2. 2.
      All dancing or other live Adult Entertainment on the licensed premises shall only occur upon a stage at least two (2) feet above the immediate floor level and removed at least six (6) feet from the nearest Patron. The six-foot boundary from the outer edge of the stage shall be painted or otherwise clearly indicated on the floor so that Patrons will not cross the six-foot boundary. The absence of this demarcation will create a presumption that there have been violations of these standards of conduct during performances in unmarked areas. No Manager in charge of the Adult Business at the time shall knowingly permit any Patron to have any physical contact with an Entertainer or to cross the six-foot boundary while the Entertainer is engaged in a performance of Adult Entertainment. No Patron shall intentionally have any physical contact with an Entertainer or cross the six-foot boundary while the Entertainer is engaged in a performance of Adult Entertainment. No Entertainer shall engage in any performance of Adult Entertainment except upon the stage.
    3. 3.
      No Employee, Server or Entertainer of an Adult Business while on the premises of the business shall knowingly touch, fondle or caress any Specified Anatomical Area of another Person, or knowingly permit another Person to touch, fondle or caress any Specified Anatomical Area of such Employee, Server or Entertainer, whether such Specified Anatomical Area is clothed, unclothed, covered or exposed. No Patron while on the premises of an Adult Business shall knowingly touch, fondle or caress any Specified Anatomical Area of an Employee, Server or Entertainer employed by the Adult Business, whether such Specified Anatomical Area is clothed, unclothed, covered or exposed.
    4. 4.
      No Entertainer shall solicit, demand or receive any payment or gratuity from any Patron for any act prohibited herein and while on the premises of an Adult Business and no Entertainer shall receive any payment or gratuity from any Patron for any entertainment except as follows:
      1. a.
        While such Entertainer is on the stage a Patron may place such payment or gratuity into a container provided by the Adult Business for the receipt of gratuities to be located outside the six-foot boundary surrounding the stage; or
      2. b.
        While such Entertainer is not on the stage but while on the premises of an Adult Business and is clothed so as to not expose to view any Specified Anatomical Area, a Patron may place such payment or gratuity into the Entertainer's hand.
    5. 5.
      No owner, Operator or Manager of an Adult Business shall:
      1. a.
        knowingly permit alcoholic liquor or cereal malt beverages to be brought, sold or consumed upon the premises;
      2. b.
        knowingly allow or permit any Employee of the business or any Patron to engage in any Specified Criminal Act or any Specified Sexual Activity on the premises;
      3. c.
        knowingly allow or permit any Minor to be in or upon the premises of an Adult Business;
      4. d.
        knowingly allow or permit a violation of this Ordinance or any other city ordinance provision or state law to occur on the premises.
  9. I.
    Signs required. All Adult Entertainment Businesses that provide live entertainment shall conspicuously display in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one inch high, which shall read as follows:

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED

AND LICENSED BY THE CITY OF PARK

ENTERTAINERS ARE:

  1. 1.
    Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the pubic region, buttocks, genitals or female breast of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the pubic region, buttocks, genitals or female breast of said entertainer.
  2. 2.
    Not permitted to be nude.
  3. 3.
    Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
    1. a.
      While such entertainer is on the stage, by placing such payment or gratuity into a container located outside a six-foot boundary surrounding the stage; or
    2. b.
      While such entertainer is not on the stage, by placing such payment or gratuity into the entertainer's hand.

CUSTOMERS ARE:

  1. 1.
    Not permitted to be upon the stage at any time or to be within the six-foot marked boundary surrounding the stage while entertainers are performing.
  2. 2.
    Not permitted to touch, caress or fondle the pubic region, genitals, buttocks or female breast of any employee, server or entertainer or engage in solicitation for prostitution.
  1. J.
    Lighting required. The premises of all Adult Businesses shall be equipped with overhead lighting in every place to which customers are permitted access, at an illumination of not less than one footcandle, as measured at the floor level, and such illumination must be maintained at all times that any customer or Patron is present in or on the premises.
  2. K.
    Closed booths or rooms prohibited. The interior premises of all Adult Businesses 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. The view required must be by direct line of sight from the Manager's station. Adult Media Viewing Booths are prohibited.
  3. L.
    Ventilation and sanitation requirements. The premises of all Adult Businesses shall be kept in a sanitary condition. Except as otherwise provided herein, separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
  4. M.
    Hours of operation. No Adult Business may be open or in use between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday. No Adult Business may be open between the hours of 2:00 a.m. and 12:00 noon on a Sunday.
  5. N.
    Facilities necessary. No Adult Business license to conduct a Bath House shall be issued unless an inspection by the Code Official, and/or Administrator, Environmental Health, or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:
    1. 1.
      The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business' operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of Operators and Patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one Patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every Patron. No activity related to an Adult Business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.
    2. 2.
      Plumbing facilities shall be provided as required by O.P.M.C., 16.130, as amended.
    3. 3.
      Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
  1.   
    The Code Official, and/or Administrator, Environmental Health, shall certify that the proposed business establishment complies with all of the requirements of this section and shall give or send such certification to the City Clerk. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate City official may recommend the issuance of a license contingent upon the compliance with any requirements in this section.

(History: Ord. AEB-2416 §9, 2003; AEB-2246 §2, 2001; AEB-2027 §3, 97; AEB-1944 §9, 95; AEB-1935 §9, 95; AEB-1846 §9, 94; AEB-1837 §9, 93; AEB-1782A §4, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901