ARTICLE I.
PURPOSE, INTENT AND FINDINGS.

A.

Purpose and intent.

1.

In the development and adoption of the ordinance codified in this section, it is recognized that there are some adult business uses which have serious objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, public parks, churches, public buildings, schools and other such similar facilities, thereby having a deleterious impact upon the public health, safety and welfare, and that such businesses frequently become places of criminality.

2.

It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure those controls and regulations necessary to preserve the integrity and character of residential neighborhoods, the stability of property values, and impose restrictions and regulations upon those activities that would adversely affect property values, increase crime and violence, and prevent adverse secondary effects that will contribute to the blighting or down grading of adjacent neighborhoods. It is the secondary effects that will contribute to the blighting or down grading of adjacent neighborhoods. It is the further purpose of this Ordinance to protect the well-being of the youth of the community from objectionable operational characteristics of these adult uses by regulating and restricting their close proximity to established certain facilities such as, without limitation, churches, parks, schools and residential areas.

3.

In recognition of the protections affording to the citizens under the First and Fourteenth Amendments, it is not the intent of this section to inhibit freedom of speech or the press. It is further the belief that just as advertising is designed to stimulate one's appetite for desiring goods or services, an overabundance or preoccupation with sexual displays or materials arouses the appetites of those so preoccupied and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health and safety of the community.

4.

The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. This section represents a balancing of the legitimate ends of the community by imposing an incidental, content-neutral place, time and manner regulation of adult entertainment businesses, without limiting alternative avenues of communication. The regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth in this section.

5.

Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community in reports made available to the city's governing authorities, and on findings incorporated in the cases of City of Littleton, Colorado v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004); Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On, Inc. v. City of Arlington,, 65 F.3d 1248 (5th Cir.1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir.1984); Nobby Lobby, Inc., v. City of Dallas, Texas, 970 F2d 82 (5th Cir. 1992); and N.W. Enterprises v. City of Houston, 352 F.3d 162 (5th Cir. 2003), as well as studies conducted in other cities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, all of which are fully adopted and incorporated herein, the city's governing authorities (the mayor and city council) make and identify the following nonexhaustive findings:

1.

Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises.

2.

Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where adult entertainment businesses are located.

3.

Sexual acts, including masturbation, and oral and anal sex, occur at adult entertainment businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

4.

Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions.

5.

Persons frequent certain adult theaters, adult arcades, and other adult entertainment businesses, for the purpose of engaging in sex within the premises of such adult entertainment businesses.

6.

At least fifty (50) communicable diseases may be spread by activities occurring in adult entertainment businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections.

7.

As of 2007, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was one million, eighteen thousand, four hundred twenty-eight (1,018,428).

8.

In the year of 2007 there were three hundred fifty-two (352) reported new cases of AIDS and HIV infected individuals in the state.

9.

The total number of cases of genital chlamydia trachomatis infections in the United States reported in 1997 was five hundred twenty-six thousand, six hundred fifty-three (526,653), an eight (8) percent increase over the year 1996.

10.

The total number of cases of early (less than one year) syphilis in the United States reported during the twelve-year period 1985—1997 was three hundred eighty-seven thousand, two hundred thirty-three (387,233).

11.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of one million, nine hundred one thousand, three hundred sixty-five (1,901,365) cases reported during the period 1993—1997.

12.

The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components, and from an infected mother to her newborn.

13.

According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

14.

Sanitary conditions in some adult entertainment businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of adult entertainment businesses where persons view "adult" oriented films.

16.

Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity.

17.

Nude dancing in adult establishments increases the likelihood of drug dealing and drug use.

18.

The findings noted in paragraphs numbered 1. through 17. raise substantial governmental concerns and requires immediate attention to protect the public health and safety.

19.

Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

20.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of adult entertainment businesses. Further, such licensing procedure will place a heretofore nonexistent incentive on operators to see that the adult entertainment business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult entertainment business, fully in possession and control of the premises and activities occurring therein.

21.

Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments.

22.

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the adult entertainment business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.

23.

It is desirable, in the prevention of crime and the spread of communicable diseases, to obtain a limited amount of information regarding certain employees who may engage in the conduct this Ordinance is designed to prevent, or who are likely to be witnesses to such activity.

24.

The fact that an applicant for an adult entertainment business license has been convicted of a sex-related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this section.

25.

The barring of such individuals from operation or employment in adult entertainment businesses for a period of five (5) years for a previous felony conviction serves as a deterrent to further criminal conduct, and prevents conduct which leads to the transmission of sexually transmitted diseases.

26.

The general welfare, health, morals, and safety of the citizens of this city will be promoted by enactment of this section.

ARTICLE II.
DEFINITIONS.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult bookstore, adult novelty store or adult video store means a commercial establishment that, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

A.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas;" or

B.

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." This does not include items used for birth control or for prevention of sexually transmitted diseases.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas." A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.

Adult cabaret means a nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

A.

Persons who appear in a state of nudity or semi-nudity;

B.

Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities";

C.

Films, motion pictures, video cassettes, slides, photographic reproductions, closed-circuit television transmissions, cable television transmissions, subscriber programming, any disk, diskette or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, fiber optic line, cable, satellite transmission or other method, which is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

D.

Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Adult entertainment business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. The term adult entertainment business shall not be construed to include:

(1)

Any business operated by or employing a licensed psychologist, licensed physical therapist, licensed masseuse, licensed vocational nurse, registered nurse, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing the normal and customary function authorized under the license;

(2)

Any business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts;

(3)

Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and that does not exhibit merchandise on live models.

Adult motel means a hotel, motel or similar commercial establishment that:

A.

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, cable television transmissions, subscriber programming, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, fiber optic line, cable, satellite transmission or other method, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;

B.

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

C.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, fiber optic line, cable, satellite transmission or other method, are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Employee means a person who performs any service whatsoever to the customers of an adult entertainment business or who works in or about an adult entertainment business and who receives compensation for such service or work form the operator or owner of the adult entertainment business or from the customers therein. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Establishment means and includes any of the following:

A.

The opening or commencement of any adult entertainment business as a new business;

B.

The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;

C.

The additions of any adult entertainment business to any other existing adult entertainment business;

D.

The relocation of any adult entertainment business; or

E.

An adult entertainment business or premises on which the adult entertainment business is located.

Licensed day-care center means a facility licensed by the state, whether situated within the city or not, that provides shelter and personal care for more than five (5) children under thirteen (13) years of age, where such children are not related within the third degree computed according to the civil law to the operator of the facility, for any part of the twenty-four-hour day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.

Licensee means a person in whose name a license has been issued, as well as the individual listed as an applicant, owner or licensee on the application for a license.

Live theatrical performance means a play, skit, opera, ballet, concert, comedy, or musical drama.

Misdemeanor means that upon conviction a fine not more than one thousand dollars ($1,000.00) and/or imprisonment for a term not exceeding ninety (90) days shall be imposed at the discretion of the municipal court.

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

Nudity or a state of nudity means the:

(1)

Appearance of a human bare buttock, vulva, anus, anal cleft or anal cleavage, pubic area, male genitals or female genitals, with less than a fully opaque covering; or

(2)

A state of dress which fails to completely and opaquely cover a human buttock, vulva, anus, mail genitals, female genitals or any part of the female breast or breasts that is situated below a point immediately above the top of the areola of the female breast.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the real property upon which the adult entertainment business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult entertainment business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to article IV of this section.

Regularly means featuring, promoting, permitting to occur or advertising a happening or occurrence on a recurring basis.

Seminude or seminudity means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Sexual encounter center means a business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:

A.

Physical contact in the form of specified sexual activities between persons of the opposite sex and/or persons of the same sex; or

B.

Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity.

Specified anatomical areas means:

A.

Human genitals in a state of sexual arousal or simulated to be in a state of sexual arousal, even if completely and opaquely covered; or

B.

Any of the following, or any combination of the following, when less than completely and opaquely covered:

1.

Any human genitals, pubic region, or pubic hair;

2.

Any buttock; or

3.

Any portion of the female breast or breasts that is situated below a point immediately above the top of the areola.

Specified criminal activity means any of the following offenses:

A.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states, or other countries.

B.

For which:

1.

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period;

C.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

Specified sexual activities means and includes any of the following:

A.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

B.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

C.

Masturbation, actual or simulated; or

D.

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) [A. through C.] above.

Substantial enlargement of a adult entertainment business means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas existed on the date of adoption of this section.

Transfer of ownership or control of an adult entertainment business means and includes any of the following:

A.

The sale, lease, or sublease of the business;

B.

The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or

C.

The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

ARTICLE III.
ZONING REGULATIONS

Section A. Nonconforming uses.

A.

Any business lawfully operating on the effective date of this section that is in violation of the location or structural configuration requirements of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more adult entertainment businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the adult entertainment business that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is nonconforming.

B.

An adult entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult entertainment business license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, liquor store, freestanding lounge, night club, dance hall, park, or residential district within one thousand (1,000) feet of the adult entertainment business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator's license has expired or has been revoked.

Section B. Location restrictions. Adult entertainment businesses shall be permitted in I-1 and I-2 zoning districts as a matter of right provided that:

A.

The adult entertainment business may not be operated within one thousand (1,000) feet of:

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, to include funeral homes.

2.

A public or private educational facility, including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, alternative schools, junior colleges and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.

3.

A liquor store, freestanding lounge or tavern, or other same or similar establishment or use as a night club and/or dance hall.

4.

A public park or recreational area which is used for park or recreational activities, including, but not limited to, a park, playground nature trials, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar land.

5.

The property line of a lot zoned for residential use and devoted to a residential use as defined in the zoning code.

6.

The property line of a lot used for a private or public hospital.

7.

Another adult entertainment business.

B.

An adult entertainment business may not be operated within two hundred (200) feet of a Mississippi Scenic Byway as such term is described and defined in MCA 1972, § 65-41-1 et seq. (as amended). The distance shall be measured in a direct line from the edge of the pavement on the same side of the road as the adult entertainment business to the parking lot or structure, whichever is closer.

C.

An adult entertainment business may not be operated in the same building, structure, or portion thereof, containing another adult entertainment business as defined herein.

D.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the closest point on structure to closest point on structure or closest point on parking lot or space to closest point on parking lot or space, whichever is closer. The applicant must provide written certification that the proposed adult entertainment business meets the distance requirements set forth herein.

Section C. Exterior portions of adult entertainment businesses.

A.

It shall be unlawful for an owner or operator of an adult entertainment business to allow the merchandise or activities of the establishment to be visible from any point outside the establishment.

B.

It shall be unlawful for the owner operator of an adult entertainment business to allow the exterior portion of the adult entertainment business to have flashing lights, or electronic message boards or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this section.

C.

It shall be unlawful for the owner or operator of an adult entertainment business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to an adult entertainment business if the following conditions are met:

1.

The establishment is a part of a commercial multiunit center greater in cumulative floor space than forty thousand (40,000) square feet; and

2.

The exterior portions of each individual unit in the commercial multiunit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or patter of the commercial multiunit center.

D.

Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of an Adult Entertainment Business.

E.

A violation of any provision of this section shall constitute a misdemeanor.

Section D. Signage.

A.

Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any adult entertainment business or any other person to erect, construct, or maintain any sign for the adult entertainment business other than the one (1) primary sign and one (1) secondary sign, as provided here.

B.

Primary signs shall have not more than two (2) display surfaces. Each such display surface shall:

1.

Not contain any flashing lights or electronic messages.

2.

Be a flat plane, rectangular in shape.

3.

Not exceed seventy-five (75) square feet in area, and

4.

Not exceed ten (10) feet in height or ten (10) feet in length.

C.

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner and may contain only the name of the enterprise.

D.

Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

F.

Secondary signs shall have only one (1) display surface. Such display surface shall:

1.

Be a flat plane, rectangular in shape;

2.

Not exceed twenty (20) square feet in area;

3.

Not exceed five (5) feet in height and four (4) feet in width; and

4.

Be affixed or attached to any wall or door of the enterprise.

G.

The provisions of item 1. of subsection B., subsection C., and subsection D. shall also apply to secondary signs.

H.

Violation of any provision of this section shall constitute a misdemeanor.

ARTICLE IV.
LICENSES FOR ADULT ENTERTAINMENT BUSINESSES

Section A. Licenses required.

A.

It shall be unlawful for a person to operate an adult entertainment business without a valid adult entertainment business operator's license ("operator's license") issued by the city by and through the director of urban development (the director). It shall be unlawful for a person who operates an adult entertainment business to employ a person to work and/or perform services on the premises of the adult entertainment business, if such employee is not in possession of a valid adult entertainment business employee license ("employee license") issued to such employee by the director pursuant to this section. It shall also be unlawful for any person to obtain employment with an adult entertainment business if such person is not in possession of valid adult entertainment business employee license issued to such person by the director pursuant to this section. Violation of any provision within this subjection shall constitute a misdemeanor.

B.

An application for an operator's license must be made on a form provided by the city. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

C.

The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the fire department and building official.

D.

If a person who wishes to operate an adult entertainment business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a twenty (20) percent or greater interest in the business must sign the application for a license as applicant. If a corporation is listed as owner of an adult entertainment business, each individual having a twenty (20) percent or greater interest in the corporation must sign the application for a license as applicant.

E.

The fact that a person possesses other types of state or city permits and/or licenses does not exempt him from the requirement of obtaining a license for an adult entertainment business.

F.

Applications for an operator's license, whether original or renewal, must be made to the director by the intended operator of the enterprise. Applications must be submitted by hand delivery to the office of the director or the director's designee during regular working hours. Application forms shall be supplied by the director. The intended operator shall be required to give the following information on the application form:

1.

The full legal name and any other names, including aliases and nicknames, used by each applicant, and the permanent physical or street address and mailing address and Mississippi driver's license number of each applicant.

2.

The full legal name and any other names, including aliases and nicknames, used by each owner of the premises where the adult entertainment business is to be operated, and the permanent physical or street address and mailing address and driver's license number and state of issuance of each owner.

3.

The full legal name and any other names, including aliases and nicknames, of the person or persons having the management or supervision of applicant's business and the full legal names and any other names, including aliases and nicknames, of all employees who will be employed on the premises, if known.

4.

The physical address and legal description of the location of the business for which the license is desired and a statement of the proposed schedule and operating hours and days.

5.

Written proof or verification that the applicant/operator is at least twenty-one (21) years of age.

6.

All residential addresses of the applicant/operator and owners for the past ten (10) years.

7.

The applicant's/operator's height, weight, color of eyes and hair.

8.

The business, occupation or employment of the applicant/operator and owner for ten (10) years immediately preceding the date of application.

9.

Whether the applicant/operator and/or owner previously operated in this or any other county, city or state under an adult entertainment business license or similar business license, whether the applicant/operator or owner has ever had such a license revoked or suspended, the reason therefore, and the business entity or trade name under which the applicant/operator or owner operated that was subject to the suspension or revocation.

10.

Fingerprints and two (2) portrait photographs at least two (2) inches by two (2) inches of the applicant/operator.

11.

The name under which the business is to be operated.

12.

A statement of the nature and character of applicant's business and a general description of the services to be provided in conjunction with such license sought.

13.

The telephone number of the business, if known at time of application.

14.

Whether or not the applicant/s and person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, the date of conviction, and the sentence received therefore.

15.

A detailed floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion.

16.

A copy of each and every other license, permit, or entitlement issued to the applicant for the business by any local, county, state, or federal agency, commission, or official and a statement of any conditions pertaining to each such license, permit, or entitlement.

17.

Copies of all conditional use permits or variances for the premises where any part of the business is sought to be located.

18.

A copy of any building or property lease or contract for the address where the business is sought to be located and the deed(s) or other legal instrument(s) that demonstrate the current owner of the property or properties where the business is to be located.

19.

A drawing of the premises for which the license is desired and which shows the location of the proposed premises in relation to other buildings, structures, parking areas, public or private streets, and sidewalks within one thousand (1,000) feet. Sufficient dimensions shall be included to indicate the relationship between the premises and such other buildings, structures, parking areas, etc. The number of parking spaces the premises will use to comply with city parking requirements shall be clearly shown on the drawing.

20.

A detailed explanation of all plans for insuring the safety of patrons in the event of fire, explosion, or other emergency, including compliance with all applicable fire prevention provisions of state law and city ordinances.

21.

If the business is in operation, the date on which the owner(s) acquired the business for which the license is sought and the date on which the business began operations as a sexually oriented business at the location for which the license is sought.

22.

If the business is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of a license). If the expected startup date is to be more than ten (10) days following the date of issuance of a license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the time schedule and plan for accomplishing the same.

23.

A statement by which the applicant consents and agrees that any member of the city's police department, fire department, city attorney's office, code enforcement inspectors, building inspectors, health inspectors, or other officers of the city or state may enter and inspect any part of such premises, buildings, and structures.

24.

A statement authorizing any governmental agency to provide the City with any information pertinent to the application.

25.

The address to which the license is to be mailed or sent if issued.

26.

A statement under the oath that the applicant has read and understands the provisions of this chapter, that the applicant has personal knowledge of the information contained in the application, and that the information contained in the application is true and correct at the time the application is signed by the applicant.

G.

The operator's license application shall be accompanied by the following:

1.

Payment of the application fee in full;

2.

If the business is a Mississippi corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

3.

If the business is a foreign corporation, a certified copy of authority to transact business in this state together with all amendments thereto;

4.

If the business is a limited partnership formed under the laws of Mississippi, a certified copy of the certificate of limited partnership, together with all amendments thereto;

5.

If the business is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto. If the establishment is a domestic or foreign limited liability partnership or limited liability company, a certified copy of the certificate of formation and the qualification documents, together with all amendments thereto;

6.

Proof of the current fee ownership of the tract of land on which the business is to be situated, in the form of a copy of the recorded deed;

7.

If the persons identified as the fee owner(s) of the tract of land in paragraph F. are not also the owners of the business, then the lease, purchase contract, purchase options contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners of the business to have or obtain the use and possession of the tract or portion thereof that is to be used for the business for the purpose of the operation of the business.

8.

Any of the items 2. through 7., above, shall not be required for a renewal application, if the applicant states that the documents previously furnished the director with the original application, or previous renewals thereof, remain correct and current.

H.

Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal must be made to the director by the person to whom the employee license shall be issued. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the director. Applications must be submitted to the office of the director or the director's designee during regular working hours.

1.

Each applicant shall be required to give certain information on the application form which information shall include, but not be limited to the following:

a.

The applicant's given name, and any other names by which the applicant is or has been known, including "stage" names and/or aliases;

b.

Age, and date and place of birth;

c.

Height, weight, hair color, and eye color;

d.

Present residence address and telephone number;

e.

Present business address and telephone number;

f.

Date, issuing state, and number of photo driver's license, or other state issued identification card information;

g.

Social Security number; and

h.

Proof that the individual is at least twenty-one (21) years old.

i.

The personal information provided in this subsection shall be confidential, and shall not be disclosed to the public except to the extent required by state or federal law.

2.

Attached to the application form for any license under this chapter shall be the following:

a.

A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

b.

A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

c.

A statement whether the applicant has, within the past five (5) years, been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in article II, Definitions, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.

d.

Payment of the application fee in full.

I.

Every application for a license under this section, whether an operator's license or an employee's license, shall contain a statement under oath that:

1.

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and

2.

The applicant has read the provisions of this article.

J.

A separate application and permit shall be required for each adult entertainment business.

Section B. Fees. The annual fee for an adult entertainment business operator's license, whether new or renewal, is two hundred dollars ($200.00). The annual fee for an adult entertainment business employee license, whether new or renewal is fifty dollars ($50.00). These fees are to be used to pay for the cost of the administration and enforcement of this section.

Section C. Inspection.

A.

The city shall regularly inspect the premises of the adult entertainment business in order to ensure compliance with the provisions of this section. An applicant or licensee shall permit representatives of the building department, police department, and/or fire 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 twenty-one (21).

B.

A person who operates an adult entertainment business or his agent or employee commits a misdemeanor if he/she refuses to promptly permit such lawful inspection of the premises.

Section D. License issuance and Grounds for Denial.

A.

The director shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application, unless the director finds that any of the following exist:

B.

The location of an adult entertainment business is or would be in violation of the location restrictions found in this section.

C.

The applicant failed to supply all of the information requested on the application.

D.

The applicant gave false, fraudulent or untruthful information on the application.

E.

An applicant is under twenty-one (21) years of age.

F.

An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to an adult entertainment business in the city.

G.

An applicant or an applicant's spouse has been convicted or placed on deferred disposition, probation or community supervision for a violation of a provision of this section, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

H.

The license fee required by this section has not been paid.

I.

The applicant has not demonstrated that the owner of the adult entertainment business owns or holds a lease for the property or the applicable portion thereof upon which the adult entertainment business will be situated or has a legally enforceable right to acquire the same.

J.

An applicant or the proposed establishment is not in compliance with this section.

K.

An applicant or an applicant's spouse has been convicted or placed on deferred disposition, probation, or community supervision for:

1)

Any offense under the laws of the United States of America, another state or the Uniform Code of Military Justice for an offense described in this section.

2)

Any of the below offenses of the state for criminal attempt, conspiracy, or solicitation to commit any "specified criminal activity" as defined herein.

3)

The applicant or the applicant's spouse is required to register as a sex offender under the laws of the state.

L.

An applicant, or applicant's spouse, who has been convicted of or placed on deferred disposition, probation or community supervision for an offices listed herein may qualify for an adult entertainment business license only when the time period required herein has elapsed.

M.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment business.

N.

The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment business, so that it is visible to the public at all times and may be easily read.

Section E. Expiration of license; denial of renewal.

A.

Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section A. above. Application for renewal should be made at least thirty (30) days before the expiration date. When application is made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

B.

When the director denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the nonrenewal of a license, the status quo immediately prior to nonrenewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in section I. above.

Section F. Suspension. The director shall suspend a license for a period not to exceed thirty (30) days if he determines that licensee or an employee of licensee has:

A.

Violated or is not in compliance with any section of this section;

B.

Operated or performed services in an adult entertainment business while intoxicated by the use of alcoholic beverages or controlled substances;

C.

Refused to allow prompt inspection of the adult entertainment business premises as authorized by this section;

D.

With knowledge, permitted gambling by any person on the adult entertainment business premises.

Notwithstanding the provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section I below.

Section G. Revocation.

A.

The director shall revoke a license if a cause of suspension in section F above occurs and the license has been suspended within the proceeding twelve (12) months.

B.

The director shall revoke a license if he determines that:

1.

Any of the grounds for denying a license, as found in section D above, exist;

2.

A licensee was convicted of a "specified criminal activity" on a charge that was pending prior to the issuance of the license;

3.

A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;

4.

A licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises;

5.

A licensee has, with knowledge, permitted prostitution on the premises;

6.

A licensee has, with knowledge, operated the adult entertainment business during a period of time when the licensee's license was suspended;

7.

A licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises;

8.

A licensee is delinquent in payment to the city or state for any taxes, fees, fines, or penalties relating to the adult entertainment business or the premises thereon;

9.

A licensee has, with knowledge, permitted a person less than twenty-one (21) years of age to enter or remain in the establishment;

10.

A licensee has attempted to sell his business license, or has sold, assigned, or transferred ownership or control of the adult entertainment business to a nonlicensee of the establishment;

11.

A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the adult entertainment business; or

12.

The violation of any of the rules, regulations, or ordinances governing, regulating and/or applying to adult entertainment businesses or any ordinances, laws, or regulations in any way relating to or controlling, health, sanitation, fire protection or the public peace or for the violation of any of the provisions of this section.

C.

When the director revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a license for one (1) year from the date revocation became effective. Notwithstanding the provisions of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in section I. below.

Section H. No transfer of license. Any license issued under this section is nontransferable and a licensee shall not transfer a license to another, nor shall a licensee operate an adult entertainment business under the authority of a license at any place other than the address designated in the application.

Section I. Judicial review. Within fourteen (14) days of a denial of an initial or renewal application by the director, or suspension or revocation of a license by the director, the applicant or licensee may seek prompt review of the denial, suspension or revocation by filing an appeal with the city council. The city council shall consider the appeal at the next available (i.e., meets council agenda deadline as set forth in the Code of Ordinances or as added to the agenda by the council president) regular meeting of the city council. If aggrieved by the decision of the city council, the applicant may seek judicial review of such decision in a court of competent jurisdiction as provided by state law. Upon notification of the filing of a notice of appeal/bill of exceptions seeking judicial review of the city's decision, the city shall transmit the record of the administrative action to the court no later than five (5) business days after receipt of said notice/bill. The matter shall be briefed in accord with the provisions of the applicable Mississippi Rules of Civil Procedure and/or Mississippi Rules of Appellate Procedure. The administrative action shall then be promptly reviewed by the court.

Section J. Existing Adult Entertainment Businesses. The provisions of this section shall apply to existing adult entertainment businesses beginning ninety (90) days after the effective date of this section.

ARTICLE V.
GENERAL PROVISIONS

Section A. Application. All provisions of the City of Gulfport Zoning Ordinance (appendix A to Code of Ordinances) shall apply to adult entertainment businesses. All conditions and provisions of the base zone including but not limited to set back, yard requirements, area, etc., shall apply to adult entertainment businesses.

Section B. Sale use or consumption of alcoholic beverages prohibited.

A.

The sale, use, or consumption of alcoholic beverages on the premises of an adult entertainment business is prohibited.

B.

Any violation of this section shall constitute a misdemeanor.

Section C. Persons younger than eighteen (18) prohibited from entry; attendant required.

A.

It shall be unlawful to allow a person who is younger than twenty-one (21) years of age to enter or be on the premises of an adult entertainment business at any time the adult entertainment business is open for business.

B.

It shall be the duty of the operator of each adult entertainment business to ensure that an attendant is stationed at each public entrance to the adult entertainment business at all times during adult entertainment business regular business hours. It shall be the duty of the attendant to prohibit any person under the age of twenty-one (21) years from entering the adult entertainment business. It shall be presumed that an attendant knew a person was under the age of twenty-one (21) years of age unless such attendant asked for and was furnished:

1.

A valid operator's, commercial operator's or chauffeur's driver's license; or

2.

A valid personal identification certificate issued by the State of Mississippi reflecting that such person is twenty-one (21) years of age or older.

Section D. Hours of operation. No adult entertainment business, except for an adult motel, may remain open at any time between the hours of 6:00 a.m. and 5:00 p.m. on weekdays and Saturdays. No adult entertainment business shall operate for business or remain open for business on Sunday or any legal holiday recognized by the state.

Section E. Massages or baths administered by person of opposite/same sex. It shall be unlawful for any adult entertainment business, regardless of whether in a public or private facility, to operate as a massage salon, massage parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the opposite or same sex. Violation of this section shall constitute a misdemeanor.

Section F. Exemptions. It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operation:

1.

By a proprietary school, license by the state, a college, junior college, or university supported entirely or partly by taxation;

2.

By a private college or university that maintains and operates educations programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

3.

Any activity conducted or sponsored by an entity described in subparagraph 1. or 2. Must be situated in a structure which has no sign or other advertising visible from the exterior of the structure indicating a nude person is available for viewing; where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and where no more than one (1) nude model is on the premises at any one time.

A.

Notwithstanding any other provision in this section, movies rated G, PG, PG-13 or R by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this section.

Section G. Notices.

A.

Any notice required or permitted to be given by the director or any other city office, division, department or other agency under this ordinance to any applicant, operator or owner of an adult entertainment business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or any notice of address change that has been received by the director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the director or his designee shall cause the notice to be posted at the principal entrance to the establishment.

B.

Any notice required or permitted to be given to the director by any person under this section shall not be deemed given until and unless it is received in the office of the director.

C.

It shall be the duty of each owner who is designated on the license application and each operator to furnish to the director in writing any change of residence or mailing address.

Section H. Injunction. A person who operates or causes to be operated an adult entertainment business without a valid operator's license, or in violation of the location restrictions of this section, is subject to a suit for injunction as well as prosecution for criminal violations. Each day an adult entertainment business so operates is a separate offense or violation.

Section I. Severability. If any section, subsection or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subjections and clauses shall not be affected thereby.

Section J. Regulation of obscenity subject to state law. Notwithstanding any definition or use permitted herein, this section does not permit the distribution of obscene materials or the performance of obscene acts as defined in MCA 1972, § 97-29-103; all such prohibited materials and prohibited acts are expressly prohibited hereby.

Section K. Public nudity. Public nudity is expressly forbidden and prohibited by this section and nothing contained herein shall be deemed to permit or allow public nudity.

Section L. Additional regulatory provisions. Each adult entertainment business and its employees, agents, or other representatives shall observe the following general requirements, regulations, and standards of conduct:

A.

Conform to all applicable building codes, statues, ordinances, and regulations whether federal, state, or local unless otherwise specified in this Ordinance.

B.

Conform to all applicable fire and health statues, codes, ordinances, and regulations whether federal, state, or local.

ARTICLE VI.
ADDITIONAL REGULATIONS SPECIFIC TO CERTAIN TYPES OF ADULT ENTERTAINMENT BUSINESSES

Section A. Additional regulations for adult motels.

A.

Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the enterprise is an adult motel as that term is defined in this section.

B.

It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial enterprise that does not have an adult entertainment business license, rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.

C.

For purposes of subsection B., the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

D.

Violation of subsection B. shall constitute a misdemeanor.

Section B. Additional regulations for escort agencies.

A.

An escort agency shall not employ any person under the age of twenty-one (21) years.

B.

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of twenty-one (21) years.

C.

Violation of this section shall constitute a misdemeanor.

Section C. Additional regulations for nude model studios.

A.

A nude model studio shall not employ any person under the age of twenty-one (21) years.

B.

A person under the age of twenty-one (21) years commits a misdemeanor if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under twenty-one (21) years was in a restroom not open to the public view or visible by any other person.

C.

A person commits a misdemeanor if the person appears in a state of nudity, or with knowledge, allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

D.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

Section D. Additional regulations concerning public nudity.

A.

It shall be a misdemeanor for a person who, with knowledge and intent, appears in person in a state of nudity in an adult entertainment business, or depicts specified sexual activities in an adult entertainment business.

B.

It shall be a misdemeanor for a person who, with knowledge and intent, appears in person in a semi-nude condition on the adult entertainment business premises, unless the person is an employee who, while seminude, is at least ten (10) feet from any patron or customer, and on a stage raised at least two (2) feet from the floor.

C.

It shall be a misdemeanor for an employee, while seminude, to solicit any pay or gratuity from any patron or customer on the adult entertainment business premises, or for any patron or customer to pay or give any gratuity to any employee, while said employee is seminude on the adult entertainment business premises.

D.

It shall be a misdemeanor for an employee, while seminude, to touch a patron or the clothing of a patron, or for a patron to touch a seminude employee or the clothing of a semi-nude employee, while the employee is on the adult entertainment business premises.

Section E. Additional regulations pertaining to exhibition of sexually explicit films and videos.

(a)

A person who operates or causes to be operated an adult entertainment business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Upon application for an adult entertainment business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall be required; each diagram should be oriented to the north or to some designated street or object and should 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 director 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 said diagram was prepared.

(2)

The application shall be sworn to be true and correct by the applicant.

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the director or his designee.

(4)

It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(5)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(6)

It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks, or other object(s) shall obstruct from view of the manager's station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection (1).

(7)

The 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) foot-candles as measured at the floor level.

(8)

It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(9)

No viewing room or booth may be occupied by more than one (1) person at any time.

(10)

No opening of any kind shall exist between viewing rooms or booths.

(11)

It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no more than one (1) person at a time occupies a viewing booths or rooms, and to ensure that no person attempts to make an opening of any kind between the viewing booths or rooms.

(12)

The operator of the adult entertainment business shall, each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.

(13)

The operator of the adult entertainment business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(14)

The operator of the adult entertainment business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48) inches of the floor.

(b)

A person having a duty under subsections (1) through (14) commits a misdemeanor if he/she, with knowledge, fails to fulfill that duty.

(Ord. No. 2679, § 2(Exh. A), 6-22-10)