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The following additional provisions shall apply:

(1) Dwelling units shall not be permitted.

(2) With the exception of off-street automobile parking and off-street loading, all business, service, storage, merchandise and display shall be conducted wholly within an enclosed building.

(3) Processes and equipment employed and goods sold shall be limited to those which are not objectionable by reason of noise, vibration, or public standards.

(4) Hours of operation. No person shall operate, or cause to be operated, a sexually oriented business, regardless of whether or not a permit has been issued, or allow such business to remain open for business or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any particular day. No person, while working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this division 4, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 10:00 p.m. and 10:00 a.m. of any particular day.

(5) No person shall allow public nudity in any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions herein.

(6) It is unlawful for anyone to distribute for commercial purposes, sell or offer for sale, any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments or paraphernalia shall include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.

(7) It shall be unlawful for a person who operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this article, to knowingly or, with reasonable cause, permit, suffer or allow admittance of a person under eighteen (18) years of age to the business premises; or allow a person who is under eighteen (18) years of age to work at the business premises as an employee. It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance at all times during such sexually oriented business's regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the establishment. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless the attendant asked for and was furnished:

a. A valid operator's, commercial operator's or chauffeur's license; or

b. A valid personal identification certificate issued by the State of Indiana reflecting that such person is eighteen (18) years of age or older.

(Ord. No. 1483, § 1, 1-15-09)