§ 15-156. Adult entertainment establishments.

(a)

For purposes of this section:

Adult entertainment establishment shall mean any establishment where any employee or independent contractor displays or exposes specified anatomical areas to another person who is not a fellow employee or independent contractor. "Specified anatomical areas" is defined as:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic regions.

b.

Buttocks.

c.

That portion of the female breast below the horizonal line one would have to draw to intersect a point immediately above the top of the areola; however, this shall not include nonemployees or patrons that expose any portion of the cleavage of the human female breast when such is revealed by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

d.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Employee shall mean a person who works or performs or dances partially nude in an adult entertainment establishment, irrespective of whether the person is paid a salary or wage by the owner, manager or operator of said establishment or accepts tips or splits tips with the owner, manager, or operator of said establishment. This includes a person who pays any form of consideration to an owner, manager or operator of an establishment for the privilege of working, performing or dancing or appearing partially nude within any establishment.

Independent contractor shall mean any person who, pursuant to a formal or informal agreement, a written or verbal agreement, works, performs, dances or appears partially nude in an adult entertainment establishment.

(b)

Adult entertainment establishments shall provide the following:

(1)

It shall have a stage provided for the display or exposure of specified anatomical areas, or simulation thereof, by an employee or independent contractor to a person other than another employee or independent contractor consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; and

(2)

The exposure by an employee or independent contractor of specified anatomical areas, or simulation thereof, to public view shall be restricted to the stage required in (1) above.

(c)

It shall be unlawful for any nonemployee or patron to be or remain within a distance of less than four (4) feet from any partially nude employee or independent contractor, while within any adult entertainment establishment.

(d)

No employee or independent contractor, while partially nude, shall suffer, permit or allow any nonemployee or patron to be within a distance of four (4) feet of said employee or independent contractor, while within any adult entertainment establishment. It shall be a violation of this section for an employee or independent contractor to fail or refuse to withdraw from or move away from a nonemployee or patron to a distance of at least four (4) feet.

(e)

No manager, operator, owner or any other person in charge of an adult entertainment establishment shall suffer, permit or allow an employee or independent contractor, while partially nude, to be within four (4) feet of any nonemployee or patron while within any adult entertainment establishment.

(f)

No manager, operator, owner or any other person in charge of an adult entertainment establishment shall suffer, permit or allow any nonemployee or patron to be within a distance of four (4) feet of any employee or independent contractor, while partially nude, while within any adult entertainment establishment.

(Ord. No. C-96-9, § 4, 3-5-96; Ord. No. C-98-43, § 1, 7-21-98)

Editor's note

It should be noted that section 5 of Ord. No. C-96-9, provides, "That establishments regulated hereby and existing on the day this Ordinance is adopted shall have ninety (90) days from the date of adoption of this ordinance to build the stage as required by the provisions of Section 4 [section 15-156] of this Ordinance."