(A) A per­son who oper­ates or caus­es to be oper­at­ed a sex­u­al­ly ori­ent­ed busi­ness, oth­er than an adult motel, which exhibits on the premis­es in a view­ing room of less than one hun­dred fifty (150) square feet of floor space, a film, video cas­sette, live enter­tain­ment, or oth­er video repro­duc­tion which depicts spec­i­fied sex­u­al activ­i­ties or spec­i­fied anatom­i­cal areas, shall com­ply with the fol­low­ing requirements:

  1. Upon appli­ca­tion for a sex­u­al­ly ori­ent­ed license, the appli­ca­tion shall be accom­pa­nied by a dia­gram of the premis­es show­ing a plan there­of spec­i­fy­ing the loca­tion of one or more manager’s sta­tions and the loca­tion of all over­head light­ing fix­tures and des­ig­nat­ing any por­tion of the premis­es in which patrons will not be per­mit­ted.  A manager’s sta­tion may not exceed thir­­ty-two (32) square feet of floor area.  The dia­gram shall also des­ig­nate the place at which the per­mit will be con­spic­u­ous­ly post­ed, if grant­ed.  A pro­fes­sion­al­ly pre­pared dia­gram in the nature of an engineer’s or architect’s blue­print shall not be required; how­ev­er, each dia­gram should be ori­ent­ed to the north or to some des­ig­nat­ed street or object and should be drawn to a des­ig­nat­ed scale or with marked dimen­sions suf­fi­cient to show the var­i­ous inter­nal dimen­sions of all areas of the inte­ri­or of the premis­es to an accu­ra­cy of plus or minus six (6) inch­es.  The Coun­ty may waive the fore­go­ing dia­gram for renew­al appli­ca­tions if the appli­cant adopts a dia­gram that was pre­vi­ous­ly sub­mit­ted and cer­ti­fies that the con­fig­u­ra­tion of the premis­es has not been altered since it was prepared.
  2. The appli­ca­tion shall be sworn to be true and cor­rect by the applicant.
  3. No alter­ation in the con­fig­u­ra­tion or loca­tion of a manager’s sta­tion may be made with­out the pri­or approval of the County.
  4. It is the duty of the licensee of the premis­es to ensure that at least one licensed employ­ee is on duty and sit­u­at­ed in each manager’s sta­tion at all times that any patron is present inside the premises.
  5. 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.  Restrooms may not con­tain video repro­duc­tion equip­ment.  If the premis­es has two 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 pur­pose 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.
  6. It shall be the duty of the licensee to ensure that the view area spec­i­fied in sub­sec­tion (5) remains unob­struct­ed by any doors, cur­tains, par­ti­tions, walls, mer­chan­dise, dis­play racks or oth­er mate­ri­als and, at all times, 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 sub­sec­tion (1) of this Section.
  7. No view­ing room may be occu­pied by more than one (1) per­son at any time.
  8. 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 five (5) foot can­dles as mea­sured at the floor level.
  9. It shall be the duty of the licensee to ensure that the illu­mi­na­tion described above is main­tained at all times that any patron is present in the premises.
  10. No licensee shall allow open­ings of any kind to exist­ing between view­ing rooms or booths.
  11. No per­son shall make or attempts to make an open­ing of any kind between view­ing booths or rooms.
  12. The licensee shall, dur­ing each busi­ness day, reg­u­lar­ly inspect the walls between the view­ing booths to deter­mine if any open­ings or holes exist.
  13. The licensee shall cause all floor cov­er­ings in view­ing booths to be non­porous, eas­i­ly clean­able sur­faces, with no rugs or carpeting.
  14. The licensee shall cause all wall sur­faces and ceil­ing sur­faces in view­ing booths to be con­struct­ed of, or per­ma­nent­ly cov­ered by, non­porous, eas­i­ly clean­able mate­r­i­al.  No wood, ply­wood, com­po­si­tion board or oth­er porous mate­r­i­al shall be used with­in forty-eight (48) inch­es of the floor.

(B) A per­son hav­ing a duty under sub­sec­tion (1) through (14) of sub­sec­tion (A) above com­mits a Class A mis­de­meanor if he know­ing­ly fails to ful­fill that duty.