CHAPTER 125

ADULT CABARETS

125.01  Definitions

125.06  Location Restrictions

125.02  Touching

125.07  Buildings

125.03  Minors

125.08  Signage

125.04  Gratuities

125.09  Penalty Provision

125.05  Separation of Entertainers and Customers

125.10  Exception

125.01    DEFINITIONS.  The following definitions are for the terms used in this chapter:

1.         “Adult cabaret” means a commercial establishment that features persons such as entertainers or dancers who appear in a state of semi-nudity, or live performances that are characterized by the exposure of specified anatomical areas.

2.         “Specified anatomical areas” are less than completely and opaquely covered human genitals, pubic region, buttocks, and the female breast below a point above the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

125.02    TOUCHING.  No person appearing as an entertainer in an adult cabaret shall touch, fondle, caress, or sit on the lap of any customer on the premises if the performer is performing semi-nude or revealing specified anatomical areas.  No customer shall touch, fondle, or caress any performer in an adult cabaret who is performing semi-nude or revealing specified anatomical areas.

125.03     MINORS.  No persons under eighteen (18) years of age shall enter or be on the premises of an adult cabaret at any time the adult cabaret is open for business.

125.04    GRATUITIES.  No entertainer appearing at an adult cabaret shall solicit gratuities from customers.  No customer shall offer gratuities to an entertainer at an adult cabaret.

125.05    SEPARATION OF ENTERTAINERS AND CUSTOMERS.  In the interests of safety, fire concerns and order, entertainers performing semi-nude or revealing specified anatomical areas in an adult cabaret shall appear on a raised platform at least two feet above the level of the ordinary floor level of the establishment and be at least six feet apart from the customer.

125.06    LOCATION RESTRICTIONS.  An adult cabaret shall not be located within 1,000 feet of any church, school, day-care center, public park, or any dwelling.

125.07    BUILDINGS.  All openings, entries, windows and the like of a building housing an adult cabaret shall be covered or screened in such a manner as to prevent a view of the interior from any public or semi-public area.

125.08    SIGNAGE.  It is unlawful for any owner or operator of an adult cabaret to erect, construct or maintain a sign for that business other than one primary sign and one secondary sign as provided herein.

1.         The signs shall not contain any flashing lights.

2.         The signs shall be a flat plane, rectangular in shape.

3.         The signs shall contain no photographs, silhouettes, drawings, or pictorial representation in any manner and may contain only the name of the enterprise.

4.         Primary signs may have up to two display surfaces.  Each display surface shall be no more than 80 square feet in area and not exceed 10 feet in length or ten feet in height.

5.         Secondary signs shall have only one display surface, not exceeding 20 feet in area and not exceed five feet on any one side, and be affixed to the wall or door of the building housing the adult cabaret.

125.09    PENALTY PROVISION.  The City may elect, at its sole discretion, to prosecute any violation of this chapter either as a simple misdemeanor or a municipal infraction.

125.10    EXCEPTION.  The provisions of this chapter shall not apply to a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this chapter were permitted or allowed as part of such art exhibits or performances.

 

(Ch. 125 - Ord. 2005-198 – Feb. 06 Supp.)