§ 21-235. Duties of owners, employees and customers.

(a)

Notwithstanding any other provision in this article, owners are not criminally culpable for violations of employees, except that owners remain criminally culpable for their own and personal violations.

(b)

Each manager, floor-manager, entertainer, and owner-operator shall comply with the provisions of this article.

(c)

Each temporary manager, temporary floor-manager, and temporary entertainer shall comply with the provisions of this article.

(d)

Each employee, customer, and patron shall comply with the provisions of this article.

(e)

Each manager, floor-manager, temporary manager, and temporary floor-manager, and owner-operator shall ensure that each employee, customer, and patron complies with the provisions of this article.

(f)

It shall be unlawful for a manager, floor-manager, temporary manager, or temporary floor-manager, or owner-operator to allow conduct described in this section of this article. Whenever an employee, customer, or patron fails to comply with this section of this article, it shall be presumed that a manager or floor-manager, temporary manager, or temporary floor-manager, allowed the prohibited conduct if the manager, floor-manager, temporary manager, or temporary floor-manager was present on the premises at the time of the violation.

(g)

Three-foot rule.

(1)

It shall be unlawful for any person to intentionally or knowingly entertain or appear in a state of semi-nudity on the premises of a sexually oriented business unless the person is more than three (3) feet from any patron or customer.

(2)

It shall be unlawful for a patron or customer on the premises of a sexually oriented business to intentionally or knowingly approach within three (3) feet or less of a person who is entertaining or appearing in a state of semi-nudity.

(h)

It shall be unlawful for any person entertaining or appearing in a state of semi-nudity at a sexually oriented business to accept a gratuity unless it is placed in a receptacle provided for receipt of gratuities or delivered hand-to hand without touching and with the hand of each person extended at least one and one-half (1½) feet away from the body of that person. The receptacle may not be located on any person or their clothing.

(i)

It shall be unlawful for any permittee hereunder or operator of a sexually oriented business to allow any room within the establishment to be used for the purpose of live semi-nude entertainment unless the room is marked with a sign in typeface no less than one (1) inch in length per letter in such a manner that it is plainly visible to the general public at a height of no less than four (4) feet and no more than six (6) feet from the ground stating, "Three Foot Rule - It is a violation of the San Antonio City Code for a customer or patron to intentionally or knowingly approach within three feet or less of any person who is in a state of semi-nudity or entertaining."

(j)

It shall be unlawful for any employee to be in a state of semi-nudity, or to perform specified sexual activities while in the presence of any customer or patron and while in an area within the sexually oriented business not subject to the direct line of site of a manager or floor-manager.

(k)

It shall be unlawful for any employee to entertain while in a lavatory, or in a stairway or elevator used as access between floors.

(l)

It shall be the duty of the owner-operator to ensure that there exists at least one (1) manager for the sexually oriented business at all times. It shall be the duty of each owner-operator or manager of a sexually oriented business to ensure there are a sufficient number of managers or floor managers stationed in such a manner so that all patrons and customers are in view of at least one (1) floor-manager at all times, excepting patrons and customers in the lavatory.

(m)

It shall be unlawful for a manager, floor-manager, owner-operator, or operator on the premises of any sexually oriented business to allow any individual to be on the premises of a sexually oriented business who is younger than eighteen (18) years of age. It shall be presumed that a manager, or floor-manager allowed the individual to be on the premises if the manager or floor-manager was present on the premises at the time the underage individual was present.

(n)

It shall be unlawful for any individual to be on the premises of any sexually oriented business who is younger than eighteen (18) years of age.

(o)

It shall be the duty of the owner-operator, or operator of any sexually oriented business to conform the interior of the premises to the specifications provided in this article.

(p)

It shall be the duty of the owner-operator of any sexually oriented business to notify the chief of police and the director of development services, or their duly authorized representative, that the location is ready for the inspections required under this article prior to the expiration of any applicable deadline contained herein.

(q)

It shall be the duty of the owner-operator of a sexually oriented business to post, display, and maintain free of obstruction, the following notices with typeface no less than one (1) inch in length per letter, at the entrance of the establishment, in such a manner that they are plainly visible to the general public at a height of no less than four (4) feet and no more than six (6) feet from the ground:

(1)

"Three Foot Rule - It is a violation of the San Antonio City Code for a customer or patron to intentionally or knowingly approach within three feet or less of any person who is in a state of semi-nudity or entertaining."

(2)

"No Minors - No individual under the age of eighteen is allowed inside the premises."

(3)

"Patrons' conduct is being observed by management. Illegal conduct will not be permitted."

(4)

The notices shall include the appropriate city ordinance number.

(r)

It shall be unlawful to fail to post the notices herein required.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)