Section 5.04.570 Design of premises.

1. In addition to the general requirements of disclosure for a sexually oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises of the business. The design and construction, prior to granting a license or opening a business, shall conform to the following:

a. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’ s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.

b. Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person be allowed in the restroom and only one person in any stall at a time, and requiring that patrons shall not be allowed access to manager’s station areas.

c. For businesses which exclude minors from the entire premises, all windows, doors, and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all the premises shall be designed and constructed so that minors may not see into the area from which they are excluded.

d. The diagram required does not necessarily need to be a professional engineer’s or architect’s blueprint. However, the diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity.

2. It shall be the duty of the licensee and the licensee’s employees to ensure that the views from the manager’ s station in subsection (A)(1) of this section remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present on the premises and 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.

3. The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle, measured at the floor level. It shall be the duty of the licensee and the licensee’ s employees present on the premises to ensure that the illumination described is maintained at all times that any patron is present on the premises.

a. Permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater, such items may be on the stage as part of a performance;

b. Allow any door on any room used for business, except the door to an office to which patrons shall not be admitted, outside doors and restroom doors to be lockable from the inside;

c. Provide any room in which the employee or employees and the patron are alone together without a separation of a solid nonencroachable physical barrier at least three feet high and six inches wide. The patron or patrons shall remain on one side of the barrier and the employee shall remain on the other side of the barrier.

2. Adult theaters shall also require that the performance area shall be separated from the patron’ s area by a minimum of three feet, which separation shall be delineated by a physical barrier at least three feet high. (Ord. 4-2000 Art. X(U))