§ 3-47. Prohibited acts.

(a)

Operation without valid adult entertainment license. It shall be unlawful for any person to be an operator of an adult entertainment establishment when:

(1)

The establishment does not have a valid adult entertainment license for the applicable classification;

(2)

The license of the establishment is under suspension;

(3)

The license of the establishment has been revoked or canceled; or

(4)

The establishment has a license which has expired.

(b)

Working at unlicensed establishment. It shall be unlawful for any person to act as a worker of an adult entertainment establishment that the worker knows or should know does not have a valid license under this article, or which has a license which is under suspension, has been revoked or canceled, or has expired, or which does not have each applicable adult entertainment license conspicuously displayed.

(c)

Operation contrary to certain provisions. It shall be unlawful for any person to be an operator of an adult entertainment establishment which does not satisfy all the general and special requirements of the establishment's particular license classification or to be an operator of an adult entertainment establishment where the entrance or exit to the establishment is locked when a customer is inside.

(d)

Worker performance prohibitions. It shall be unlawful for a worker of an adult entertainment establishment to commit any of the following acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit or allow any worker to commit any of the following acts:

(1)

Engage in straddle dancing with another person at the establishment.

(2)

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

(3)

Engage in any specified sexual activity at the establishment.

(4)

Engage in nudity or display/expose any specified anatomical area at the establishment whether or not such establishment sells, offers for sale or allows consumption of alcoholic beverages.

(5)

Display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment.

(6)

Engage in a private performance unless such worker is in an area which complies with the requirements of section 3-41.

(7)

Intentionally touch the clothed or unclothed body of any person 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.

(8)

Exception. Notwithstanding any provision to the contrary, it shall not be unlawful for any worker or operator of an adult entertainment establishment to expose any specified anatomical area during the worker's or operator's bona fide use of a restroom or dressing room which is used and occupied only by other workers or operators.

(e)

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

(f)

Advertising prohibited. It shall be unlawful for any operator of an adult entertainment establishment to advertise, encourage, or promote any activity prohibited by this article or any applicable state statute or ordinance.

(g)

Minors prohibited. It shall be unlawful for an operator or worker of an adult entertainment establishment to knowingly, or with reason to know, permit or allow a person under eighteen (18) years of age to enter or remain in the establishment, purchase goods or services at the establishment or work or perform at the establishment.

(h)

Failure to maintain required records and licenses.

(1)

It shall be unlawful to be an operator of an adult entertainment establishment at which the license required under this article and each record required under this article have not been compiled, are not maintained, or are not made available for inspection by a law enforcement officer upon request when the establishment is open for business.

(2)

It shall be unlawful to be a worker of an adult entertainment establishment who fails to obtain, carry and display upon demand of a law enforcement officer, while working in the adult entertainment occupation, a business tax receipt for the adult entertainment occupation in which the worker is engaged.

(3)

Exception. It is an affirmative defense and subsection (2) does not apply to a worker of an adult entertainment establishment who is a paid employee for whom taxes and social security payments are withheld and paid to the federal government by the adult entertainment establishment, and who is not an independent contractor, except an employee who is an escort working away from the establishment premises who shall then be required to obtain, carry, and display to law enforcement officers, upon demand, a copy of the adult entertainment license of the employing escort service.

(i)

Exceeding occupancy limits. 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 this article.

(j)

Hours of operation. It shall be unlawful between the hours of 2:00 a.m. and 7:00 a.m. of any day of the week for:

(1)

An operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow or permit any worker to engage in a performance, solicit a performance, make a sale, provide a service, or solicit a service.

(2)

A 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.

(k)

Alteration of license. It shall be unlawful for any person to alter or otherwise change the contents or appearance of an adult entertainment license with the exception of the county manager or designee.

(l)

False or misleading statement in required documents. It shall be unlawful for any person applying for an adult entertainment license to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of a license on the application. It shall also be unlawful for any person to provide false or misleading information in the records required to be kept by such adult entertainment establishment under this article.

(m)

Solicitation of personal advertising. It shall be unlawful for any worker of an adult entertainment establishment 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. "Personal advertising" is defined as encouraging or enticing, by direct or indirect means, potential customers beyond the adult entertainment establishment to enter the adult entertainment establishment. Additionally, it shall be unlawful for an operator or any worker to 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 to knowingly, or with reason to know, permit, entice or allow a customer to engage in any specified sexual activity at the establishment while remaining in the presence of a worker.

(o)

Prohibited acts by customers at sexually oriented business. It shall be unlawful for any customer of a sexually oriented business to do any of the following acts or for a worker or operator of a sexually oriented business to knowingly permit, aid, assist or allow a customer to do any of the following:

(1)

Touch, massage, or manipulate directly, or indirectly, the body of any worker of the sexually oriented business at any point below the waist and above the knee of the worker.

(2)

Touch, massage, manipulate, display or expose any of the customer's own specified anatomical areas.

(3)

Engage in any specified sexual activity while in the sexually oriented business.

(p)

Prohibited acts by commercial physical contact workers. It shall be unlawful for a worker of a commercial physical contact parlor to commit any of the following acts or for an operator of a commercial physical contact parlor to knowingly or with reason to know, permit, aid, assist or allow any worker to commit any of the following acts:

(1)

Fail to, while engaged in providing commercial physical contact, wear a clean outer garment in the nature of a surgical gown.

(2)

Display or expose specified anatomical areas to a customer at a commercial physical contact parlor.

(3)

Fail to require, at all times, all customers to cover the customer's specified anatomical areas by a towel, cloth, robe, undergarment, swimsuit or other similar fully opaque material while in the presence of the worker.

(4)

Perform commercial physical contact on a customer while not on the premises of a commercial physical contact parlor licensed under this article.

(5)

Engage in, or offer to engage in, any escort services or private modeling in relation to the commercial physical contact parlor.

(6)

Solicit or require a customer to remove any item of clothing as a prerequisite to providing commercial physical contact.

(7)

Solicit a tip or gratuity in exchange for a promise or suggestion of any act or enhanced service.

(q)

Prohibited acts by escort service workers. It shall be unlawful for a worker of an escort service to commit any of the following acts or for an operator of an escort service to knowingly or with reason to know, permit, aid, assist or allow any worker to commit any of the following acts:

(1)

Enter a hotel, motel, or other transient place of lodging for the purpose of meeting or serving a customer without immediately meeting with the front desk or reception area personnel and (i) providing a time of arrival and estimated time of departure, (ii) presenting a copy of the escort service's adult entertainment license and the escort's business tax receipt and (iii) identifying themselves, the escort service and the customer, and notifying front desk or reception area personnel upon departing the premises.

(2)

Distribute, place, post or leave any unsolicited business cards, advertisements, or promotional material on or within the premises of any other business.

(3)

Begin a meeting or service with any customer between 10:00 p.m. any day of the week and 9:00 a.m. of the following day or begin a meeting or service with a customer without first meeting said customer in a public place such as a bar or restaurant before accompanying the customer to any place which is not open and occupied by the public, such as a hotel room or residence.

(4)

Display or expose any specified anatomical area to a customer of an escort service or require, entice, or solicit a customer to remove any item of clothing or solicit a tip or gratuity from a customer in exchange for a promise or suggestion of any act or enhanced service.

(r)

Operation in violation of article. It shall be unlawful for any adult entertainment establishment to operate in violation of any provision of this article.

(Ord. No. 2000-106, § 3, 11-7-00; Ord. No. 2007-27, § 8, 6-5-07)