§ 50-62. Additional regulations for sexually oriented cabarets.

(a)

An employee of a sexually oriented cabaret, while appearing in a state of nudity, commits an offense if the employee touches a customer or the clothing of a customer.

(b)

A customer at a sexually oriented cabaret commits an offense if the customer touches an employee appearing in a state of nudity or the clothing of an employee appearing in a state of nudity.

(c)

A licensee or employee commits an offense if the licensee or employee permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a private, exclusive, closed, curtained, or otherwise screened area, excluding restrooms. The view required in this subsection shall be by direct line of sight. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by utilizing flashlights or spotlights in addition to overhead house lighting.

(d)

A licensee, operator or employee commits an offense if the licensee, operator or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of the sexually oriented cabaret business premises, which can be viewed from the public right-of-way.

(e)

A licensee commits an offense if the licensee fails to display the signs on the interior of the sexually oriented cabaret business premises as required in section 50-71(a) and/or the floor markings required in section 50-71(b).

(f)

A person commits an offense if the person employs at a sexually oriented cabaret any person under the age of 18 years.

(g)

An employee of a sexually oriented cabaret must attend training given by the licensee concerning the requirements of this chapter as they pertain to sexually oriented cabarets, including but not limited to this section and sections 50-27, 50-29, 50-30, 50-68, 50-69, 50-70, 50-71, and 50-101, before the employee receives any compensation for the person's services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee's attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

(h)

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the sexually oriented cabaret. At least one person so appointed shall be on the premises at any time the sexually oriented cabaret is open.

(i)

An operator or a person appointed under subsection (h) of this section shall at all times have the duty to ensure that each employee in the sexually oriented cabaret has received the training required by subsection (g) of this section and each employee is instructed to commit no act which would constitute a violation of this chapter or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this chapter.

(Ord. No. 2005-01, § 5.01, 1-27-2005)