§ 3-103. Adult performance establishments.

In addition to the general requirements for an adult entertainment establishment contained in section 3-101, an adult performance establishment shall, regardless of whether it is licensed, observe the following special requirements:

(1)

It shall have a stage provided for the display or exposure of any specified anatomical area by a worker to a customer consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; and

(2)

Any area in which a private performance occurs shall:

a.

Have permanently open interior entranceways not less than thirty-two (32) inches wide and not 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;

b.

Have a wall to wall, floor to ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent, and which partition separates the worker from any person viewing the private performance.

c.

Not have any two-way mirrors, calling systems or other mechanisms or methods used to warn or forewarn a worker or customer inside the private performance area that another person is entering or may be about to enter the private performance area.

d.

Have a notice prominently posted within all customer areas which reads as follows in at least three-inch high black or red bold capital letters on a white background: "TIPPING OR THE PAYMENT OF GRATUITIES ABOVE THE PERFORMANCE FEE IS PROHIBITED BY THE ORANGE COUNTY CODE."

e.

Have videotape equipment which continuously records the customer and the performer during all performances. The video tape shall record the actual time and date of each performance on the recorded image. The videotape equipment shall be kept in good working order. Videotapes shall be maintained for at least thirty (30) days after each performance and shall be made available for inspection upon request by a law enforcement officer.

f.

Have a notice prominently posted within all customer areas which states as follows in at least three-inch high black or red bold capital letters on a white background: "THE CUSTOMER AND PERFORMER ARE BEING VIDEOTAPED DURING ALL PERFORMANCES AS REQUIRED BY THE ORANGE COUNTY CODE."

g.

Have at least one (1) manager's station configured and positioned in a manner that allows an unobstructed view from the station to every area in the adult performance establishment in which any worker displays or exposes specified anatomical areas to any customer and every area in which any customer is permitted to observe or interact with any worker. The view required by this subsection shall be by direct line of sight from the manager's station. Such view shall enable each worker and any customer to see the manager and the manager to see each worker and customer. Each manager's station shall be continuously staffed by a person designated as a manager during all performances and shall not be staffed by any adult entertainment performers. The name of the manager on duty shall be prominently displayed at each manager's station in at least three-inch high black or red bold capital letters on a white background.

h.

It shall be the duty of each operator of an adult performance establishment to ensure that the view of or from each manager's station required under subsection g. above remains unobstructed at all times and to ensure that no customer is permitted access to any area of the adult performance establishment which has been designated as an area in which customers are not routinely permitted access.

(Code 1965, § 1A-53; Ord. No. 87-06, § 1, 2-9-87; Ord. No. 87-38, § 1, 11-9-87; Ord. No. 90-05, § 1, 4-9-90; Ord. No. 96-27, §§ 2(b), 2(c), 9-17-96; Ord. No. 96-34, § 26, 10-29-96; Ord. No. 97-20, § 12, 12-2-97)