§ 10.5-107. Same—Special requirements for adult theaters.

In addition to the general requirements for an adult use establishment contained in section 10.5-106 and the special requirements of section 10.5-108, an adult theater shall, regardless of whether it is licensed, observe the following special requirements:

(1)

Halls and auditoriums . If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

a.

Have individual, separate seats; not couches, benches or the like, to accommodate the maximum number of persons who may occupy the area;

b.

Have a continuous main aisle alongside or throughout the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

c.

Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

d.

Have one or more manager's stations. No one manager's station can exceed thirty-two (32) square feet of floor area. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Adult material shall not be available or allowed in restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purposes from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

e.

It shall be the duty of the licensee, the owner, and the operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in paragraph d. of this subsection remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to sections 10.5-92 through 10.5-97.

f.

It is the duty of the licensee, owners, and the operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises and that the employee is continually monitoring the activities in the adult theater for violations of the provisions of this division and of state law.

g.

The licensee of an adult theater may seek a variance from the provisions of paragraphs d., e., and f. of this subsection, if, upon presentation at a public hearing, the board of adjustment is satisfied that the licensee has proposed operational procedures sufficient to guarantee, to a degree similar to the provisions of those subsections, that the areas of the establishment to which patrons have access, are monitored for violations of this division and of state law.

1.

The board of adjustment may condition the variance so as to satisfy itself that the operational procedures attendant to the variance will be followed, including, but not limited to, record keeping requirements.

2.

Failure to follow the conditions of the variance may result in a review and revocation by the board of adjustment, at a public hearing, with full notice and opportunity for the applicant to be heard. Revocation of the variance may be justified if, based on the presentation at the hearing, the assurances serving as the basis for issuance of the variance are not being met.

h.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

i.

It shall be the duty of the licensee, the owners, and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(2)

Adult booths . If the adult theater contains adult booths, each adult booth shall comply with each of the following procedures:

a.

Have a sign posted in a conspicuous place, at or near the entranceway, which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth;

b.

Have a permanently open entranceway not less than two (2) feet wide and/or less than six (6) feet high, which entranceway shall not have any curtain rods, hinges, rails, or the like which would allow the entranceway to be closed or partially closed by any curtain, door, or other partition;

c.

Have individual, separate seats; not couches, benches, or the like which correlate with the maximum number of persons who may occupy the booth;

d.

Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; and

e.

Have, except for the entranceway, walls, or partitions of solid construction without any holes or openings in such walls or partitions.

(3)

Floors, upholsteries, walls, drapes, etc. :

a.

Each adult theater subject to this division shall cover the floors of areas accessible to patrons with smooth and nonpermeable flooring material which can withstand frequent effective cleaning with industrial-strength cleaning agents. Carpeting of any type is prohibited.

b.

Each adult theater subject to this division shall use smooth and nonpermeable upholstery material, which can withstand frequent cleaning with industrial-strength cleaning agents, to cover furniture permitted by this division for the use of patrons.

c.

Each adult theater subject to this division shall have, in areas accessible to patrons, interior wall surfaces which can withstand frequent cleaning with industrial-strength cleaning agents.

d.

Each adult theater subject to this division shall use only those shades, blinds, and vertical blinds which can withstand frequent cleaning with industrial-strength cleaning agents. Draperies are prohibited.

(4)

Sanitation of accessible areas :

a.

All areas accessible to patrons of each adult theater subject to this division shall be maintained in a clean and sanitary condition. The surfaces of all floors, furniture, counter tops, shades, blinds, vertical blinds, doors, and walls of areas accessible to patrons shall be cleaned and sanitized a minimum of one time each twenty-four (24) hours with an industrial strength cleaner.

b.

All floors, furniture, counter tops, shades, blinds, vertical blinds, doors, and walls of areas accessible to patrons of adult theaters subject to this division shall be renovated or be replaced as needed. All furniture must be kept free from holes and rips.

c.

Any individual cleaning or sanitizing the areas accessible to patrons shall utilize an appropriate and effective adaptation of the U.S. Centers for Disease Control's universal precautions for the prevention of transmission of the HIV virus and other diseases. Such procedure shall be reviewed and approved by the Polk County Public Health Unit. A copy of the approved procedure shall be kept on file at the adult theater, and a copy shall be provided to each person cleaning or sanitizing the areas accessible to the patrons. Each such individual shall certify that he has read and understood the procedures by signing a copy of the procedure. The signed copy shall be kept as a part of the records of the adult theater and open for inspection by the health unit, sheriff, or the division of development services.

(5)

Outdoor viewing . If the adult theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of-way, any standard residential district as provided by section 204A of the Polk County Land Development Code, church, school, child care facility, or public recreation area.

(Ord. No. 92-25, § 18, 9-1-92; Ord. No. 01-05, § I, 2-13-01)