§ 21-246. Configuration; lighting; signage.

The following minimum standards shall apply to the interior design of the premises of all adult arcades after the effective date of this article:

(1)

At least one manager's station shall be located within the premises and such location shall provide an employee, operator, agent, or owner on duty, an unobstructed view of every area of the adult arcade to which any patron may be permitted access for any purpose, other than toilet facilities, from said manager's station. If an adult arcade has two (2) or more manager's stations, the interior design of the adult arcade shall be configured to provide an unobstructed view of each area of the adult arcade to which any patron may be permitted access for any purpose other than toilet facilities, from at least one of the manager's stations. The view required must be by direct line of sight from the manager's station. Restrooms may not contain any arcade device.

a.

It shall be the duty of the owners, operators, agents or employees of the adult arcade to ensure that the view area specified in this section remains unobstructed by merchandise, display racks or other materials at all times that any patron is present in the adult arcade to ensure that no patron is permitted access to any area of the adult arcade which is not within this view area. At all times that any patron is present in the adult arcade, it shall be the duty of the owners, operators, agents or employees of each adult arcade to ensure that at least one person who is charged with responsibility for the operation of the adult arcade is on duty at the adult arcade and situated in the manager's station with the view area designated herein.

b.

It shall be an exception to the requirements of this subsection that the area of the adult arcade in question is being video monitored.

(2)

Video monitoring alternative.

a.

No adult arcade shall equip any areas into which patrons may be permitted access, other than toilet facilities, with interior doors, screens, curtains or any other opaque coverings which could obstruct the view into an area in which patrons may be permitted except as allowed under subsection (2)b. It shall be the duty of the owners, operators, agents, and employees of the adult arcade to ensure that each area into which patrons may be permitted access, other than toilet facilities, is not equipped with interior doors, screens, curtains, or any other opaque coverings which could obstruct the view into each area in which patrons may be permitted access except as allowed in subsection (2)b.

b.

As an alternative to subsection (1), a room in which a patron is allowed to view a video on the premises may be equipped with an interior door if the owners, operators, agents and employees of the adult arcade:

1.

Maintain continuous videotape monitoring of each room in which a patron is located;

2.

Make the tapes of each of the videotaped rooms available to police officers upon request for immediate inspection during any hours which the establishment is open for business;

3.

Keep and maintain the tapes of each videotaped room for review by law enforcement personnel without notice, for a period of two (2) weeks;

4.

Maintain the configuration requirements and other requirements set forth in this division.

(3)

During hours of operation, the light fixtures shall be kept on at a sufficient intensity to illuminate by not less than three (3) foot-candle as measured at four (4) feet above the level of the floor and at every area where customers or patrons are allowed. Lighting shall not be subject to intensity control by means of rheostat or other device, but shall be maintained at constant intensity in every area where customers or patrons are allowed. Light control, including on and off switches, shall be maintained at a central location by the manager, and shall not be accessible to customers or patrons. It shall be the duty of the owners, operators, agents or employees of the adult arcade to ensure that the illumination specified in this section is maintained at all times that any patron is present in the adult arcade or at all times the adult arcade is open for business.

(4)

Each adult arcade must comply with the following configuration requirements. Nothing herein shall allow the placement of interior doors except as allowed in subsection (2)b.

a.

Excepting a door that may serve as an entrance or exit to the building of the establishment for each area to which a customer or patron on the premises is allowed access, excepting the interior of lavatories, any interior door allowed herein must be made of clear glass that is no thicker than one-half-inch or of wood that is no thicker than one and one-half (1½) inches. All wooden doors must contain a clear glass window that is no thicker than one-half-inch and at least twelve (12) inches wide by twelve (12) inches high. The window must be situated on the door at a height no less than four and one-half (4½) feet and no greater than six (6) feet from the ground. The window may not be partially or fully covered in any manner. Excepting the doorknob, no interior door may be made of metal, reinforced by metal, or be thicker than allowed herein. The door to any interior room may only have one (1) throw from the doorknob or in any other manner latch from more than one (1) place into a striker plate whenever the door is closed; and, excepting one (1) lock that forms part of the doorknob and is neither a deadbolt nor chain, no interior door may have a dead bolt, chain, and/or any type of lock.

b.

For each area to which a customer or patron is allowed access, excepting a doorframe that may serve as an entrance or exit to the establishment, each interior doorframe to a wooden door may not be reinforced with any type of metal, excepting a cubic area that is part of the striker plate in the dimensions of not more than six (6) inches long by two (2) inches wide by six (6) inches high.

c.

Excepting conduits for plumbing, heating, air conditioning, ventilation, electrical service, or cable or satellite television, no opening is allowed in any wall; partition; screen; lavatory stall; or any other barrier between viewing areas or toilets.

d.

The conduits for plumbing, heating, air conditioning, ventilation, electrical service, and cable or satellite television must be so screened or otherwise configured to prevent their use as openings that would allow any portion of an individual to penetrate the wall or barrier between the viewing areas or toilets.

e.

All interior walls of any areas into which patrons may be allowed access shall be continuous from floor to ceiling with no apertures, holes or other openings. It shall be the duty of the owners, operators, agents, or employees of the adult arcade to ensure that all interior walls of each area into which patrons may be allowed access is continuous from floor to ceiling with no apertures, holes or other openings.

(5)

It shall be the duty of the owners, operators, agents, or employees to ensure that each separate room or compartment of the adult arcade into which patrons may be allowed access will be prominently displayed to ordinary public view with signs as follows:

a.

A poster or sign containing an AIDS information telephone number and stating, "Stop AIDS: avoid contact with sexual fluids and dirty needles."

b.

A poster or sign containing an AIDS information telephone number and stating, "AIDS is transmitted by sex without condoms or by sharing needles."

c.

Alternatively, a poster or sign with a similar message as approved in writing by the city health director may be displayed.

d.

In rooms in which video surveillance is being used, a sign notifying persons that video surveillance is being used in the rooms.

e.

A sign warning of activities which constitute criminal behavior in the rooms as approved by the police department.

f.

Each sign required by this section shall be in lettering not less than one-half-inch in height unless otherwise approved by the health director.

g.

Signage shall be in both the English and Spanish languages.

(6)

An adult arcade shall be required to post an outdoor sign advising the public that it has applied for a sexually oriented business permit upon application for said permit. Said sign shall be posted within seventy-two (72) hours of the submittal of application.

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