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(a) No person shall perform live entertainment for any patron of a sexually oriented business establishment, except upon a stage at least eighteen (18) inches above the level of the floor, which stage is separated by a distance of at least ten (10) feet from the nearest area occupied by any patron. No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer.

(b) The sexually oriented business shall provide separate dressing room facilities for female and male performers that shall not be occupied or used, in any way, by anyone other than performers.

(c) The sexually oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum four (4) feet wide walk aisle for performers between the dressing room area and the stage, which walk aisle shall be equipped with a railing, fence or other barrier separating the patrons and the performers and which prevents any physical contact between patrons and performers.

(d) No performer, either before, during, or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during, or after a performance. This subsection shall only apply to physical contact while in or on the premises of the sexually oriented business.

(e) Fixed rails at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons.

(f) No patron shall directly pay or give any gratuity to any performer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is, at all times, located separately from the performers for the purpose of preventing any physical contact between a patron and a performer and no performer shall solicit any gratuity from any patron.

(g) No operator of a sexually oriented business shall cause or allow a performer to engage in any entertainment such as a couch or a straddle dance with a patron while in or on the premises. No performer shall contract to or engage in a couch or straddle dance with a patron while in or on the premises. For purposes of this subsection, couch or straddle dance means an employee of the sexually oriented business intentionally touching or otherwise coming within ten (10) feet of any patron while engaged in the display or exposure of any specified anatomical area or any specified sexual activity.

(h) This section shall not apply to an employee of a sexually oriented business who, while acting as a waiter, waitress, host, hostess, or bartender, comes within ten (10) feet of a patron. No employee shall engage in any specified sexual activity or display or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender.

(i) Compliance with this section.

(1) No sexually oriented business shall be considered to be in compliance with this section until the Town has inspected and approved the premises of the sexually oriented business. The Town shall have ten (10) days from the date it receives written notice form the operator that the premises are ready for inspection to determine if the premises are in compliance with this section. Failure by the Town to determine compliance within ten (10) days of the date it receives notice shall constitute a finding of compliance under this section.

(2) An operator of a sexually oriented business that has been providing live entertainment under a valid sexually oriented business permit shall have the time periods listed below within which to bring the premises into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the sexually oriented business's permit to be suspended. The permit shall remain suspended until the premises are approved by the Town as being in full compliance with this section.

(3) An operator of a sexually oriented business that has been operating under a valid permit for another classification of sexually oriented business, and who seeks to provide live entertainment at that sexually oriented business, shall apply for and receive a sexually oriented business permit for the operation of a sexually oriented business providing live entertainment before any live entertainment is provided at that sexually oriented business. No live entertainment permit shall be issued until the sexually oriented business is approved as being in full compliance with this section and all other applicable requirements of this article.

(4) An applicant for a permit to operate a new sexually oriented business who seeks to provide live entertainment shall apply for and receive a sexually oriented business permit for the operation of a sexually oriented business providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the sexually oriented business is approved as being in full compliance with this section and all other applicable requirements of this article.

(Ord. No. 1483, § 1, 1-15-09)