§ 18-253. Additional operational requirements for adult theaters.

In addition to complying with the general operational requirements provided in section 18-252, adult theaters shall comply with the following additional operational requirements:

(a)

If the adult theater contains a hall or auditorium area ("hall/auditorium"), only individual, separate seats shall be provided for patrons. Adult theaters shall not allow patrons to occupy couches, benches or similar seating arrangements which do not allow for the spatial separation of individual patrons. In addition within the hall/auditorium there shall be:

(1)

A continuous main aisle alongside the seating areas in order to ensure that each person seated in the seating areas is visible from the aisle at all times;

(2)

A sign, listing the maximum number of persons who may occupy the hall or auditorium area, posted in a conspicuous place at or near each entrance to the hall/auditorium. The number listed shall not exceed the number of seats within the hall/auditorium; and

(3)

Sufficient illumination at all times when the adult theater is open for business, so that all persons in all areas of the hall/auditorium can be seen.

(b)

If an adult theater contains adult booths, only individual separate seats shall be provided for patrons within the booths. Adult theaters shall not allow patrons to occupy couches, benches or similar seating arrangements which do not allow for the spatial separation of individual patrons from other patrons or from workers. In addition, there shall be a well-illuminated continuous main aisle alongside each adult booth to ensure that each person within an adult booth is visible from the aisle at all times. In addition, each adult booth shall have:

(1)

A permanently open entrance not less than 32 inches wide and not less than six feet high. Any such entrance shall not have curtain rods, hinges, rails or similar features that would allow the entrance to be blocked, closed or covered, in whole or in part;

(2)

A sign, stating the maximum number of persons allowed to occupy the booth, posted in a conspicuous place at or near the entrance. The number allowed shall correspond to the number of seats provided in the booth;

(3)

Except for the entrance, all walls and partitions of solid construction without any holes or openings in such walls or openings; and

(4)

Illumination by a light bulb of at least 25 watts.

(c)

If an adult theater is designed to permit outdoor viewing by persons seated in automobiles, the business tax recipient shall ensure that the screen cannot be viewed from any abutting property, right-of-way or easement, or any other location off premises. The business tax recipient shall use fencing or shall change the positioning of the motion picture screen to meet this requirement.

(Ord. No. 1997-25, § 23, 6-3-97; Ord. No. 2007-13, § 40, 3-20-07)