Sec. 10-143. Regulations pertaining to exhibition of sexually explicit films or videos.
A. An adult arcade that exhibits on the premises in a viewing room of less than one hundred fifty square feet of floorspace, a film, videocassette, or other video reproduction that depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. Each application for a license shall contain a diagram of the premises showing the location of all manager’s stations, viewing rooms, lighting fixtures, video cameras and monitors installed for monitoring purposes, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. 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 shall be oriented to the north or to some designated street or object and shall 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 inches. The City Clerk 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. Any change in the information required to be submitted by this subsection shall be provided to the City Clerk as required by subsection 10-133(E).
4. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that each viewing room is visible from a continuous main aisle and remains unobstructed by any doors, curtains, walls, merchandise display racks or other materials or enclosures 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 paragraph (1) of this subsection. The provisions of this paragraph shall not apply to any sexually oriented business that is required or elects to comply with the provisions of paragraph (20) of this subsection.
5. The interior premises, with the exception of any viewing rooms and the aisles contiguous to each viewing room, 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. Each viewing room and the aisles contiguous to such viewing room shall be illuminated with lighting fixtures of sufficient intensity to provide an illumination of not less than three-fourths footcandle as measured at three feet above floor level. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is open for business.
6. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that no act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation, as defined in A.R.S. § 13-1401, occurs in or on the licensed premises.
7. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.
8. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make or attempt to make an opening of any kind between viewing rooms.
9. It shall be the duty of the licensee, manager or of any employee, who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.
10. It shall be the duty of the licensee, manager or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repair of openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.
11. It shall be the duty of the licensee, manager and of any employee on the premises, during each business day, to regularly inspect the walls between viewing rooms for openings of any kind.
12. It shall be the duty of the licensee, manager and of any employee on the premises, to initiate and enforce a no loitering policy in viewing rooms.
13. It shall be the duty of the licensee to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
a. That no loitering is permitted in viewing rooms.
b. That the occupancy of viewing rooms is limited to one person.
c. That sexual intercourse, oral sexual contact and sexual contact, including masturbation, on the premises is prohibited.
d. That the making of openings between viewing rooms is prohibited.
e. That violators will be required to leave the premises.
f. That violations of subparagraphs (b), (c) and (d) of this paragraph are unlawful.
14. It shall be the duty of the licensee to ensure that floor coverings in viewing rooms are non-porous, easily cleanable surfaces, with no rugs or carpeting.
15. It shall be the duty of the licensee to ensure that all wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy are constructed of, or permanently covered by, non-porous, easily cleanable material.
16. It shall be the duty of the licensee to ensure that premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:
a. The licensee shall maintain a regular cleaning schedule, documented by appropriate logs, and shall employ sufficient personnel to assure the establishment is clean.
b. The licensee shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.
c. Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.
17. It shall be the duty of the licensee to ensure any seating within a viewing room is designed so as to accommodate one person only.
18. It shall be the duty of the licensee to provide in a conspicuous place on the premises free information relating to the prevention of sexually transmitted diseases, including AIDS.
19. It shall be the duty of the licensee, manager and of any employees present on the premises to monitor the number of occupants in a viewing room. Monitoring shall be accomplished by one of the following methods:
a. The licensee shall designate one or more employees to monitor the number of occupants in each viewing room by visually inspecting the interior of each viewing room on the premises at least once every thirty minutes. A designated employee shall be on the premises at all times the business is open to the public. The licensee shall make a record of the monitoring required by this paragraph by use of video cameras and video recorders. The video cameras and video recorders shall be operated continuously at all times that the premises is open for business. The licensee shall make or cause to be made a videotape of such monitoring that shall provide a constant date and time display. The licensee shall maintain and, upon request, shall make available to law enforcement officers for inspection and copying the most recent seventy-two hours of videotape of the monitoring required by this paragraph. Law enforcement officers may use and view videotapes of monitoring for law enforcement purposes only. The videotapes shall be returned to the licensee within fifteen business days after delivery to the law enforcement officers unless the videotapes are required as evidence. If the videotapes are required as evidence, the law enforcement officers shall make a copy of the videotapes for the licensee upon the licensee’s request. If a video camera or video recorder is not in operation for any reason, then it shall be the duty of the licensee, manager and any designated employee to immediately secure each viewing room monitored by such equipment and prevent entry into the viewing room by any patron until such time as the equipment is repaired and fully operational; or
b. The licensee shall designate one or more employees to monitor the number of occupants in a viewing room by use of video cameras, video recorders and monitors that provide an ability to inspect the interior of each viewing room on the premises. A designated employee shall be on the premises at all times the business is open to the public. The monitors shall be installed within a manager’s station of thirty-two square feet or less of floor area. The video cameras, recorders, and monitors shall be operated continuously at all times that the premises is open for business. The licensee shall keep a record of the monitoring required by this paragraph by making or causing to be made a videotape of such monitoring that shall provide a constant date and time display. The licensee shall maintain and, upon request, shall make available to law enforcement officers for inspection and copying the most recent seventy-two hours of videotape of the required monitoring. Law enforcement officers may use and view the videotapes of monitoring for law enforcement purposes only. The videotapes shall be returned to the licensee within fifteen business days after delivery to the law enforcement officers, unless the videotapes are needed as evidence. If the videotapes are needed as evidence, the law enforcement officer shall make a copy of the videotapes for the licensee upon the licensee’s request. If a video camera, monitor or recorder is not in operation for any reason, then it shall be the duty of the licensee, manager and any designated employee to immediately secure each viewing room monitored by such equipment and prevent entry into the viewing room by any patron until such time as the equipment is repaired and fully operational.
The provisions of this paragraph (19) shall not apply to any sexually oriented business that is required or elects to comply with the provisions of paragraph (20) of this subsection.
20. 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, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. A manager’s station shall not exceed thirty-two square feet of floor area. 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 paragraph must be by direct line of sight from the manager’s station. It is the duty of the licensee to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is on the premises. It shall be the duty of the licensee, manager and of any employees present on the premises to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on 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 paragraph (1) of this subsection.
The provisions of this paragraph (20) shall apply to any sexually oriented business which is established after the effective date of this ordinance. For the purposes of this paragraph, "established" means any of the following:
a. The opening or commencement of a sexually oriented business with a viewing room or rooms as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business with a viewing room or rooms;
c. The addition of a viewing room or rooms to a sexually oriented business, other than an adult motel;
d. The expansion, extension, or enlargement of the floor area of a viewing room beyond the floor area occupied by such viewing room on or after the effective date of this ordinance.
B. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty. (Ord. No. G-3671, § 2; Ord. No. G-3683, § 38; Ord. No. G-3687, § 2; Ord. No. G-3775, § 12; Ord. No. G-3876, § 10; Ord. No. G-4410, § 18, 2002)