A. Defined: For purposes of this section, “live entertainment” is defined as a person who appears seminude, or a performance which is characterized by “specified sexual activities”.
B. Stage Requirements: No person shall perform live entertainment for patrons of a sexually oriented business establishment except upon a stage at least eighteen inches (18") above the level of the floor which is separated by a distance of at least ten feet (10') from the nearest area occupied by patrons. No patron shall be permitted within ten feet (10') of the stage while the stage is occupied by a performer.
C. Dressing Rooms: The sexually oriented business establishment shall provide separate dressing room facilities for female and male performers which shall not be occupied or used in any way by anyone other than performers.
D. Access Between Stage And Dressing Rooms: The sexually oriented business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four foot (4') wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.
E. Physical Contact Prohibited: No entertainer, either before, during or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after a performance. This subsection shall only apply to physical contact while in or on the premises of the establishment.
F. Fixed Rails: Fixed rails at least thirty inches (30") in height shall be maintained establishing the separation between performers and patrons required by this section.
G. Gratuities: No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is at all times located separate from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.
H. Prohibited Conduct: No operator of a sexually oriented business establishment shall cause or allow a performer to contract or engage in any entertainment such as a “couch” or a “straddle” dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a “couch” or “straddle” dance with a patron while in or on the establishment premises. For purposes of this subsection, “couch” or “straddle” dance is defined as an employee of the establishment intentionally touching or coming within ten feet (10') of any patron while engaged in the display or exposure of any “specified anatomical area,” or any “specified sexual activity.” For purposes of this subsection, “employee” is defined as set forth in section 3-8-2 of this chapter.
I. Exceptions: This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess or bartender, comes within ten feet (10') of a patron. No employee shall engage in any “specified sexual activity” or display or expose any “specified anatomical area” while acting as a waiter, waitress, host, hostess or bartender.
J. Compliance Requirements: Operators of a sexually oriented business desiring to provide live entertainment or existing businesses providing live entertainment shall comply with the following provisions:
1. For purposes of this section, “establishment” is defined as set forth in section 3-8-2 of this chapter. No establishment shall be in compliance with this section until the city’s designated agents have inspected and approved of the establishment’s compliance. The city shall have ten (10) days from the date it receives written notice from the operator that the establishment is ready for inspection to approve or disapprove of compliance required by this section. Failure to approve or disapprove of compliance within ten (10) days shall constitute a finding of compliance under this section.
2. The operator of an establishment that has been providing live entertainment under a valid sexually oriented business permit at the time the ordinance codified herein is adopted, shall have sixty (60) days from the effective date hereof to bring the establishment into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the establishment’s permit to be suspended under section 3-8-13 of this chapter. The permit shall remain suspended until the establishment is approved by the city’s designated agents as being in full compliance with this section.
3. The operator of an establishment that has been operating under a valid permit for another classification of sexually oriented business and who wishes to provide live entertainment at that establishment, shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided at that establishment. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter.
4. The applicant for a permit to operate a new establishment, who wishes to provide live entertainment, shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this ordinance. (2003 Code; Ord. 11-5-1999, 1999.)