§ 2-2.5-14. Regulations pertaining to exhibition of sexually explicit films or videos.

(a)

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than two hundred fifty (250) square feet of floor space, a film, video cassette, or other visual reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all operator's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall be designated on the diagram but shall not contain video reproduction equipment. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The county administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2)

It shall be the duty of the operator, and of any employees present on the premises, 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 in the application filed pursuant to subsection (1) above.

(3)

The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) footcandles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.

(4)

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the licensed premises.

(5)

No person shall enter and remain in a viewing room regulated by this section when another person is occupying that viewing room.

(6)

No person shall make any hole or opening in the walls between viewing rooms.

(7)

It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

a.

That the occupancy of viewing rooms is limited to one person.

b.

That sexual activity on the premises is prohibited.

c.

That the making of openings between viewing rooms is prohibited.

d.

That violators will be required to leave the premises.

e.

That violations of subparagraphs a., b., and c. of this paragraph are unlawful.

(8)

It shall be the duty of the operator to enforce the regulations articulated in subsection (7)a. though c. above.

(9)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is in an area monitored by direct line of sight from that operator's station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.

(b)

It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Ord. No. 05-21, 4-19-05)