§ 18-260. Additional prohibitions relating to adult entertainment establishments.

(a)

Operation of establishment without valid adult entertainment business tax receipt. It shall be unlawful for any person to be an operator of an adult entertainment establishment where the person knows or should know:

(1)

That the establishment does not have an adult entertainment business tax receipt for any applicable classification;

(2)

That the establishment has a business tax receipt which is under suspension;

(3)

That the establishment has a business tax receipt which has been revoked or canceled; or

(4)

That the establishment has a business tax receipt which has expired.

(b)

Engaging in prohibited acts at adult entertainment establishments. It shall be unlawful for any worker of an adult entertainment establishment, regardless of whether it is taxed under this article, to commit any of the following acts, or for operator of an adult entertainment establishment, regardless of whether it is taxed under this chapter, to knowingly or with reason to know, permit, suffer, or allow any worker to commit the following acts:

(1)

Engage in a straddle dance with a person at the establishment;

(2)

Offer, contract or otherwise agree with a person to engage in a straddle dance with a person at the establishment;

(3)

Engage in any specified sexual activity at the establishment;

(4)

Engage in nudity as defined by this article, unless such worker is continuously positioned away from every customer and is in the area described in subsection 24 (a) of this article;

(5)

Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another worker;

(6)

Engage in a private performance, unless such worker is in an area which complies with the special requirements of section 18-254(b)(1) and (2) of this article;

(7)

Intentionally touch any customer at the adult entertainment establishment, while engaged in the display or exposure of any specified anatomical areas.

(8)

Intentionally touch the clothed or unclothed body of any customer at the adult entertainment establishment at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breast of any female person.

(c)

Advertising prohibited activity. It shall be unlawful for an operator or worker of an adult entertainment establishment, regardless of whether it is taxed under this article, to advertise the presentation of, encourage or promote any activity prohibited by this article or any applicable state statute or local ordinance.

(d)

Minors prohibited. It shall be unlawful for an operator or worker of an adult entertainment establishment, regardless of whether it is taxed under this chapter, to knowingly, or with reason to know, permit, suffer, or allow:

(1)

Admittance to the establishment of a person under 18 years of age;

(2)

A person under 18 years of age to remain at the establishment;

(3)

A person under 18 years of age to purchase goods or services at the establishment; or

(4)

A person to work at the establishment as a worker who is under 18 years of age.

(e)

Working at untaxed establishment or at establishment which does not conspicuously display business tax receipt. It shall be unlawful for any person to act as a worker of an adult entertainment establishment that he knows or should know is not taxed under this article, or which has a business tax receipt which is under suspension, has been revoked or canceled, or has expired, or which does not have the adult entertainment business tax receipt conspicuously displayed.

(f)

Failure to maintain, produce or display records.

(1)

It shall be unlawful to be an operator or worker of an adult entertainment establishment, regardless of whether it is taxed under this article, at which the business tax receipt required by this article and each record required by this article have not be compiled, are not maintained, or are not produced for inspection by a law enforcement officer upon request when the establishment is open for business.

(2)

It shall be unlawful for a worker of an adult entertainment establishment, regardless of whether it is taxed under this chapter, to fail to obtain, carry, and produce for inspection by a law enforcement officer upon request, a business tax receipt for the occupation in which the worker is engaged, if required.

Exception: It is an affirmative defense to an alleged violation of this subsection and this subsection does not apply to a worker of an adult entertainment establishment who is a paid employee for whom income taxes and social security payments are withheld and paid by the adult entertainment establishment, and who is not an independent contractor.

(g)

Touching of workers.

(1)

It shall be unlawful for any customer in an adult entertainment establishment to intentionally touch a worker who is displaying or exposing any specified anatomical area at the establishment.

(2)

It shall be unlawful for any customer in an adult entertainment establishment to intentionally touch the clothed or unclothed breast of any worker, or to touch the clothed body of any worker at the establishment at any point below the waist and above the knee of the worker.

(h)

Exceeding occupancy limit of adult booth. It shall be unlawful for any person to occupy an adult booth in which booth there are more people than that specified on the posted sign required by section 18-253(b)(2) of this article.

(i)

Use of restrooms or dressing rooms. Notwithstanding any provision indicating to the contrary, it shall not be unlawful for any worker or operator of an adult entertainment establishment, regardless of whether it is taxed under this article, to expose any specified anatomical area during the worker's or operator's bona fide use of a restroom, or during the worker's bona fide use of a dressing room which is accessible only to workers and/or operators.

(j)

Hours of operation. It shall be unlawful:

(1)

For any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any worker to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(2)

For any worker of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(k)

Alteration of business tax receipt. It shall be unlawful for any person other than the city manager to alter or otherwise change the contents of an adult entertainment business tax receipt.

(l)

False or misleading statement or false or misleading information. It shall be unlawful:

(1)

For any person applying for an adult entertainment business tax receipt to make a false or misleading statement which is intended to facilitate the issuance of a business tax receipt, or to provide false or misleading information which is intended to facilitate the issuance of a business tax receipt.

(2)

For any person to provide false or misleading information in the worker records required under section 18-256 of this article.

(m)

Solicitation or personal advertising. It shall be unlawful for any worker of an adult entertainment establishment, regardless of whether it is taxed under this article, while situated outside any structure at the adult entertainment establishment, or at a place at the adult entertainment establishment where the worker is visible from any public right-of-way or sidewalk, to display or expose specified anatomical areas or to engage in personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the worker, any other worker, or the adult entertainment establishment. For purposes of this section, "personal advertising" means encouraging or enticing, by whatever direct or indirect means, potential customers beyond the adult entertainment establishment to enter the adult entertainment establishment. Additionally, it shall be unlawful for any worker to suffer, permit, or allow any door that is visible from a public right-of-way or sidewalk to be opened or remain opened except when a person is entering or exiting the establishment.

(n)

Allowing customers to engage in specified sexual activity. It shall be unlawful for a worker of an adult entertainment establishment, regardless of whether it is taxed under this article, to knowingly, or with reason to know, permit, suffer or allow any person or customer to engage in any specified sexual activity at the establishment.

(Ord. No. 2007-13, § 44, 3-20-07)