Sec. 10-148. Regulations pertaining to sexually oriented businesses featuring nudity or live performances.
A. It is unlawful on the premises of an adult cabaret for an adult cabaret, an adult cabaret licensee, an employee of an adult cabaret, or an employee of an adult cabaret licensee to knowingly fail to ensure compliance with the following:
1. No employee, using their hands or any other part of their body, while performing in the general patron area, upon a stage, or in any other location used for employee performances, may knowingly make physical contact with the female breasts of any patron.
2. No employee, using their hands or any other part of their body, may knowingly make physical contact with the anus or genitals of any other person.
3. No female employee, while that employee is performing in the general patron area, upon a stage, or in any other location used for employee performances, may knowingly cause her breasts to make physical contact with any patron.
4. No female employee may knowingly cause her breasts to make physical contact with the hands, or any part of the head or face, of any patron.
5. No employee, while that employee is located in the general patron area, upon a stage, or in any other location used for employee performances, may knowingly cause his or her anus or genitals to make physical contact with any patron or with any other person.
6. No patron, using their hands or any other part of their body, while on the business premises, may knowingly make physical contact with the breasts of any female employee, while that employee is performing in the general patron area, upon a stage, or in any other location used for employee performances.
7. No patron, using their hands or any other part of their body may knowingly make physical contact with the anus or genitals of any employee.
8. No employee shall knowingly engage in any act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation, while in the general patron area, upon a stage, or in any other location used for employee performances.
9. No employee shall ask or direct a patron or prospective patron to either touch his own anus or genitals, touch the breasts of any female person, touch the anus or genitals of any other person, or to expose his anus or genitals to that employee or to any other person on the premises.
10. A patron may not place any money on the person or in or on the costume of an employee, provided that incidental hand-to-hand contact occurring during the act of tipping while the patron is in the general patron area is not prohibited.
11. A person below the age of eighteen years may neither observe a person in a state of nudity in a live performance on the premises of a sexually oriented business, nor appear in a state of nudity in a live performance on the premises of a sexually oriented business.
12. A sign, in the following form, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry:
Rules and Regulations
1. You must be 18 years of age or older to enter these premises.
2. No patron may place any money on the person of, or on the costume of, an employee of this business.
3. Hand-to-hand tipping of employees is permitted.
4. No patron may touch, or make contact with, the breasts, anus or genitals of any employee of this business.
13. No adult cabaret performer or employee may be employed or hired who has not reached the age of eighteen years.
14. No employee may perform in any location of the adult cabaret other than the general patron area or upon a stage. No stage may overlap with the general patron area. In order to qualify as a stage for purposes of this paragraph, the area above the stage up to a height of six feet must be clearly visible at a height of five feet from all points within a contiguous area of one hundred fifty square feet located within the general patron area.
15. No more than one patron may be permitted on a stage at any one time. For purposes of this paragraph, a stage shall mean all stages located within the same story of the building. For purposes of this paragraph, the word "story" shall have the meaning as provided in the Zoning Code.
16. A manager in a manager’s station shall observe all performances at all times by direct line of sight. For purposes of this paragraph, the word "observe" shall mean direct observation or capable of direct observation by simply turning the head of the person or repositioning the body of that person in a fixed location.
17. A manager in a manager’s station shall observe by direct line of sight during the entire performance the entire body of all patrons who have paid a separate consideration for a performance by one or more adult cabaret performers. For purposes of this paragraph, "separate consideration" shall mean any payment to any person, including gratuity, other than that payment required to enter the premises. The word "observe" shall mean direct observation or capable of direct observation by simply turning the head of the person or repositioning the body of that person in a fixed location. Notwithstanding any other provision of this Article, the only obstruction permitted of the view to the patron shall be the body of the performer providing the performance.
18. A manager in a manager’s station shall observe by direct line of sight the entire body of all patrons who are in physical contact with an adult cabaret performer, regardless of whether the adult cabaret performer is engaged in a performance. Notwithstanding any other provision of this Article, the only obstruction permitted of the view to the patron shall be the body of the performer.
19. The head of the body of all managers fulfilling the requirements of this section shall potentially be clearly visible by direct line of sight to another person standing anywhere within a defined area. In order to qualify as a "defined area" for purposes of this paragraph, the area must be contiguous, at least one hundred fifty square feet in size and located within the general patron area. The line of sight from the defined area shall be measured at a height of five feet.
20. No patron shall be permitted in a manager’s station at any time.
21. No person shall remain in a position, move to a position, or move an object to a position, with the intention of preventing a manager from fulfilling any of the obligations imposed upon him by this section.
22. The location and physical dimensions of the general patron area, all locations available to patrons, the "defined area" specified by paragraph (19) of this subsection, all "walls" as defined in the definition of "open room" at Section 10-131, all stages and all manager’s stations shall be clearly designated on a sketch or diagram filed with the City Clerk. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. If the floor plan is drawn to a designated scale, it must be drawn on one side of a single page no larger than 8 12 inches by 11 inches. A copy of the most recent sketch or diagram on file with the City Clerk shall be posted near the entrance of the business in such a manner as to be clearly visible to patrons upon entry.
23. The general patron area must be an open room. Stairways, ramps, and elevators that are made available to patrons in order to move from one floor to another or from one level to another shall be considered part of the general patron area, provided that notwithstanding any other provision of this Article, no performances may occur in those areas.
24. No person to whom an adult cabaret performer card has been issued and not canceled pursuant to subsection 10-134.02(P), a person to whom a provisional identification card has been issued pursuant to subsection 10-134.02(H), or a person to whom an erotic entertainer identification card has been issued pursuant to Article IV of Chapter 6 may perform the functions of a manager under this Article except in compliance with Sections 10-133 and 10-134.01
25. The adult cabaret shall provide training to all employees by a qualifying manager, which shall consist of:
i. A description of the general patron area and the stage area in which performances may be conducted for the business.
ii. Receipt of a current copy of the City’s Sexually Oriented Business Ordinance.
iii. Receipt of a current copy of Code Section 23-52
iv. Receipt of a current copy of Chapter 32, Title 13, Arizona Revised Statutes.
v. The name and signature of the manager providing the training on the statement required by paragraph (26) of this subsection.
In order to qualify as a manager for purposes of this paragraph, the manager shall either possess a valid permit issued pursuant to this Article or qualify to act as a manager pursuant to Section 10-134.01(C).
26. Before performing at an adult cabaret, an adult cabaret performer shall sign a statement, provided by the City Clerk, in substantially the following form:
I, (name of performer), have received from (name of adult cabaret), or am currently in possession of, a current copy of the City’s Sexually Oriented Business Ordinance, Phoenix City Code Section 23-52, and Chapter 32 of Title 13, Arizona Revised Statutes. I have been instructed as to the location of all stages and the general patron area for this business. I understand that as an adult cabaret performer in the City of Phoenix, I may not touch, either directly or indirectly, the breasts of any female person on the premises, or the anus or genitals of any person on the premises, nor may I permit any other person to touch me, directly or indirectly, in those areas.
27. Before working at an adult cabaret, a manager shall sign a statement, provided by the City Clerk, in substantially the following form:
I, (name of manager), have received from (name of adult cabaret), or am currently in possession of, a copy of the City’s Sexually Oriented Business Ordinance, Phoenix City Code Section 23-52, and Chapter 32 of Title 13, Arizona Revised Statutes. I have been instructed as to the location of the manager’s station(s), all stages and the general patron area for this business. I understand that an employee may not touch, directly or indirectly, the breasts of any female person on the premises or the anus or genitals of any person on the premises, nor may the employee permit a patron to touch him or her, as applicable, directly or indirectly, in those areas.
B. An adult cabaret shall maintain on the premises at all times a hard copy file for each adult cabaret performer that shall contain the following:
1. Full true name.
2. Date of birth.
3. Height, weight, and color of hair and eyes.
4. Current residence address and telephone number.
5. Stage name under which the adult cabaret performer is working at the business, if any.
6. Shift(s) being worked and hours for each, including beginning and ending hours.
7. Date or dates of hire.
8. Copy of a government-issued photo identification card.
9. Statement in the form specified by this section signed by the adult cabaret performer.
10. A copy of any notice received from the City that an adult cabaret performer does not qualify to perform pursuant to Section 10-134.02, 6-17, 6-25 or 6-26
C. An adult cabaret shall file with the City Clerk, on a form and in the manner prescribed by the City Clerk, a list of all adult cabaret performers by true name, stage name and license number prior to their employment on the business premises of the adult cabaret.
D. On November 1 of each year, or the City working day immediately following if November 1 is not a City working day, an adult cabaret shall file with the City Clerk, on a form and in a manner prescribed by the City Clerk, a complete list of all adult cabaret performers, by true name, stage name and license number, who are authorized to perform on the premises. (Ord. No. G-3671, § 2; Ord. No. G-3683, § 39; Ord. No. G-3775, § 14; Ord. No. G-4143, § 9, 1998; Ord. No. G-4410, § 20, 2002; Ord. No. G-4622, § 12, 2004)