§ 12-67. Operation of motion picture arcade establishments.

(a)

If any motion picture arcade booth exists on the licensed premises, the licensee shall have the following additional affirmative duties in the operation of the business:

(1)

Ensure that each motion picture arcade booth is configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose, shall have at least one side which is completely open to adjacent public rooms or adjacent hallways and meets all of the following conditions:

a.

The adjacent hallway shall meet the requirements of the city building code and the adjacent hallway must serve more than one motion picture arcade booth; provided however, that this requirement shall not apply to motion picture arcade booths located in any structure in an overlay C-X zoning district;

b.

The open side of each motion picture arcade booth shall be completely open to adjacent public rooms or adjacent hallways and the open side of each motion picture arcade booth shall be not less than 30 inches in width, and not less than 84 inches in height as measured from the level of the floor of the booth;

c.

The entire floor area of the interior of each motion picture arcade booth shall have a uniform elevation and the elevation of the entire floor area of the interior of each motion picture arcade booth shall be uniform with the floor elevation of adjacent public rooms or adjacent hallways;

d.

No furniture of any kind shall be positioned in a booth with the exception of one chair or seating platform meeting the requirements of this section;

e.

A chair or seating platform authorized under this section to be used in a booth shall rest on the floor of the booth and the surface of the seat, including any cushion or other padding on the chair or seating platform, shall not exceed 18 inches in height as measured from the surface of the floor;

f.

The back rest of any chair or seating platform used in a booth shall not exceed 36 inches in height as measured from the surface of the floor, nor exceed 18 inches in width;

g.

No chair or seating platform used in a booth shall be equipped with armrests, shades, canopies or any other device which obstructs the view of a person's lap while the person is seated on the chair or seating platform.

(2)

Ensure that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth shall not be obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device, except that the open side of a booth while it is in use may have a screening device, no more than one and one-half inches thick, which when closed spans any distance up to the entire width of the open side of the booth so long as the screening device is positioned so that no part of the top of the device exceeds 58 inches in height as measured from the surface of the floor and the bottom of the screening device shall be not less than 40 inches above the surface of the floor; provided further that if the open side of the motion picture arcade booth is 58 inches or more in width, then the top of the screening device shall not exceed 62 inches in height as measured from the surface of the floor and the bottom of the screening device shall be not less than 40 inches above the surface of the floor. The screening device shall not have a lock and shall not open into the interior of the booth. No booth shall have any other screening device or shade inside or outside the booth.

(3)

Ensure that the hallways and public rooms adjacent to motion picture arcade booths shall be illuminated in such a way that the entire area inside each motion picture arcade booth is visible to persons in adjacent public rooms or adjacent hallways. Ensure that the illumination level shall be at a minimum illumination of not less than 1.0 footcandle, as measured at the floor level within the booths.

(4)

Ensure that no more than one person occupies a motion picture arcade booth at one time and, if more than one person is found in a motion picture arcade booth, that those persons are immediately escorted from the establishment.

(5)

Ensure that there are no openings in the walls between motion picture arcade booths, which shall include the duty to cover immediately any opening that is found.

(6)

Ensure that there is at least one employee on duty and situated in the operator's station or walking through the hallways adjacent to the motion picture arcade booths at any time that any booth is occupied.

(7)

Ensure that the manager or employee on duty shall make a visual inspection of the inside of each motion picture arcade booth at least once each hour during the hours of operation and maintain a daily log to record the time, a description of the conditions found, and the name and signature of the person who conducted the visual inspection.

(8)

Ensure that there are no porous surfaces on the floors, walls or seats in any motion picture arcade booth.

(9)

Ensure that the manager or other employee on duty can actually see the unobstructed interior of every motion picture arcade booth by direct line of sight from the operator's station. This duty shall include the duty to remove any obstacle blocking the view, and, where the prompt removal is not possible, to close to public use the affected motion picture arcade booth(s) until full visibility of the interior can be reestablished.

(10)

Ensure and prevent any person occupying a motion picture arcade booth from engaging in any "specified sexual activities" or causing any bodily discharge of semen, urine or feces while inside the motion picture arcade booth.

(11)

Ensure and prevent any video reproduction equipment in any restroom in the establishment.

(b)

It shall be unlawful for any person occupying a motion picture arcade booth to engage in any "specified sexual activities" or to cause any bodily discharge of semen, urine or feces while inside the motion picture arcade booth.

(c)

Establishments with "media rooms," "preview rooms" or other spaces created as exempt from Second Committee Substitute for Ordinance No. 970827 As Amended, hereinafter referred to as "Ordinance 970827" as codified at section 12-275 through section 12-283, because they were nominally designed to seat ten or more people, shall have until May 1, 1999, to remove the doors from those rooms and to take other actions to bring those spaces into compliance with section 12-67(a)(1), (2) and (3). As an alternative, the establishment may replace those rooms with not more than the number of motion picture arcade booths existing in the same space prior to the passage of Ordinance No. 970827, on July 3, 1997, provided that each and every replacement motion picture arcade booth shall fully conform to the requirements of this section, and particularly with section 12-67(a)(1), (2) and (3); any booths created by conversion under this section shall be treated as legal nonconforming uses, as though they had existed continuously from the date of passage of Ordinance No. 970827 until passage of Second Committee Substitute for Ordinance No. 981345.

(d)

This section shall apply only to motion picture arcade booth establishments and motion picture arcade booths which qualified as legal nonconforming uses on the date of passage of Second Committee Substitute for Ordinance No. 981345 and which are the subject of an appropriate certificate of legal nonconformance. Any motion picture arcade booth establishment or motion picture arcade booth which is the subject of a certificate of legal nonconformance shall be exempt from the provisions of section 12-66 but shall be subject to the provisions of this section 12-67.

(e)

Adult entertainment businesses and adult live entertainment businesses that do not have interior configurations which meet the minimum requirements of sections 12-63, 12-66 and 12-67 shall be given 180 days after the effective date of sections 12-63, 12-66 and 12-67 to comply with the building requirements.

(Ord. No. 981345, § A, 12-21-98; Ord. No. 160373 , § 2, 6-9-16)