Boonville Standards of conduct ordinance (§ 10-137)

The following standards of conduct shall be adhered to by all adult businesses, their employees and all patrons of adult businesses, while on or about the premises of the business:

(1) Identification cards. Any and all managers and entertainers shall, at all times when working in an adult business, have in their possession a valid identification card issued by the city, bearing the permit number, the employee's physical description and a photograph of such employee. Such identification cards shall be laminated to prevent alteration.

(2) Age restriction. Only persons 18 years of age or older shall be permitted in the premises of any adult entertainment business. (3) Exterior observation. The premises of all adult businesses will be so constructed as to insure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be

covered so as to prevent observation of the interior of the premises from the exterior of the building.

(4) Exterior display. No adult business will be

conducted in any manner that permits the observation of live performers engaged in any adult entertainment including but not limited to an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas from any exterior source by display, decoration, sign, show window or other opening.

(5) Nudity prohibited. No manager, employee or

patron in an adult business, other than a licensed bath house or an entertainer in a licensed adult business which business does not hold a liquor license during a performance provided such entertainer is at least six feet from any and all patrons and is on a stage raised at least 18 inches above the immediate floor level, shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area.

(6) Certain acts prohibited.

a. No employee, patron or any other person shall perform any specified sexual activities, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities or participate in any act of prostitution as prohibited by state law or municipal ordinance while on the premises of an adult business.

b. No employee, patron or any other person while on the premises of an adult business shall knowingly touch, fondle or caress any specified anatomical area of another person, or simulate such action or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, patron or other person, or simulate such action, whether such specified anatomical areas are clothed, unclothed or exposed.

c. No employee of an adult business shall

be visible from the exterior of the adult business while such person is nude or unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.

d. No entertainer shall solicit, demand or

receive any payment or gratuity from any patron or any other person for any act prohibited and no entertainer shall receive payment or gratuity from any patron for any entertainment except as follows:

1. While such entertainer is on the stage a patron may place such payment or gratuity into a box affixed to the stage; or

2. While such entertainer is not on the stage but while on the premises of an adult business and is clothed so as to not expose to view any specified anatomical area, a patron may either place such payment or gratuity into the entertainer's hand, or under a leg garter worn by such entertainer at least four inches below the bottom of the pubic region.

e. No owner, manager or other person in

charge of the premises of an adult business shall:

1. Permit alcoholic liquor or cereal malt beverages to be unlawfully brought upon or consumed on the premises;

2. Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;

3. Knowingly allow or permit any person under the age of 18 to be in or upon the premises;

4. Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, as prohibited by state law or municipal ordinance; or

5. Knowingly allow or permit a violation of this article or any other city ordinance, provision or state law.

(7) Signs required. All adult entertainment busi-

nesses that provide live entertainment shall conspicuously display in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two inches high, and lowercase letters at least one inch high, which shall read as follows: THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF BOONVILLE ENTERTAINERS ARE:

• Not permitted to engage in any type of sexual conduct or prostitution on the premises or to

fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other employee to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.

• Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to

expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and/or genitals unless in an adult entertainment business which does not hold a liquor license and separated at least six feet from the nearest customer and upon a stage at least 18 inches above the immediate floor level. • Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows: While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage; or While such entertainer is not on the stage, by either placing such payment or gratuity into the entertainer's hand, or under the entertainer's leg garter.

CUSTOMERS ARE: • Not permitted to be upon the stage at any time. • Not permitted to touch, caress, or fondle the breasts, pubic region, buttocks or genitals of any

employee, entertainer or patron or engage in solicitation for prostitution. (8) Lighting required. The premises of all adult

businesses shall be equipped with overhead lighting of every place to which customers are permitted access, at an illumination of not less than one foot candle, as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.

(9) Closed booths or rooms prohibited. The prem-

ises of all adult businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.

(10) Ventilation and sanitation requirements. The

premises of all adult businesses shall be kept in a sanitary condition. Except as otherwise provided herein, separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.

(11) Hours of operation. No adult business may

be open or in use between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday when the business may not be open between the hours of 2:00 a.m. and 12:00 noon.

(12) Facilities necessary. No adult business li-

cense to conduct a bath house or body paint-

ing studio shall be issued unless an inspection by the health inspector or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:

a. The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business operation shall be maintained in a clean and sanitary condition. Towels, linen, and items for personal use of patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No activity related to an adult business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked.

b. Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. c. Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

The health inspector shall certify that the proposed business establishment complies with all of the requirements of this section and shall give or send such certification to the city clerk. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. The appropriate city official may recommend the issuance of a license contingent upon the compliance with any requirements in this section.