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Sec. 10-148. Regulations pertaining to sexually oriented businesses featuring nudity or live performances.

(A) A sexually oriented business which features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities shall be operated in accordance with the following regulations. It is unlawful for a licensee or employee to knowingly fail to ensure compliance with the following:

(1) No employee, using their hands or any other part of their body, may knowingly make contact with the breasts, buttocks, anus or genitals of any other person. No patron, using their hands or any other part of their body, may knowingly make contact with the breasts, buttocks, anus or genitals of any employee. For purposes of this subsection, "contact" shall include contact which occurs through clothing or by means of any other object.

(2) No employee shall knowingly engage in any act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation while in the clearly designated area in which patrons may be present or upon a stage.

(3) 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.

(4) 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 the patron is in the clearly designated area in which patrons may be present is not prohibited.

(5) A person below the age of eighteen (18) 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.

(6) 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, buttocks, anus or genitals of any employee of this business.

(7) No adult cabaret performer or employee may be employed or hired who has not reached the age of eighteen (18) years.

(8)No adult cabaret performer may be employed or hired, or be retained as an employee or independent contractor, who has been convicted of an offense listed in Section 10-134(A)(7)(a) if the time period specified in Section 10-134(A)(7)(b) has not elapsed.

(9)No adult cabaret performer may be employed or hired who has not submitted to the adult cabaret either a letter of clearance from the Police Department or a completed application for a letter of clearance from the Police Department within five (5) calendar days of first employment or hire. In order to be in compliance with this paragraph the letter of clearance must bear a date no earlier than six (6) months from the first date of employment or hire or, if the letter of clearance was no immediately issued, the application for the letter of clearance must bear a date no earlier than five (5) days from the first date of employment or hire.

(10)No employee may perform in any location of the adult cabaret other than the clearly designated area in which patrons may be present or upon a stage which is entirely visible from the clearly designated area in which patrons may be present.

(11) 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.

(12)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.

(13)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 fixed 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.

(14) A manager in a manager's station shall observe by direct line of sight the entire body of all patrons who are in direct or indirect contact with an 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. For purposes of this paragraph "direct or indirect contact" means any direct or indirect touching of any part of the body of tha patron by any part of the body of the performer or by any object controlled by the performer.

(15) 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 clearly designated area in which patrons may be present. The line of sight from the defined area shall be measured at a height of five feet.

(16) No patron shall be permitted in a manager's station at any time.

(17) 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 the section.

(18)The location and physical dimensions of the clearly designated area in which patrons may be present, 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.

(19) Clearly designated area in which patrons may be present means that portion of the business premises, excluding lobbies and restrooms, which is available to any member of the general public lawfully on the premises without payment of a fee or consideration other than a cover charge or other consideration payable to gain admittance to the premises generally.

(20) No person to whom an adult cabaret performer card has been issued and not canceled pursuant to subsection 10-134.02J, or a person deemed to possess an identification card pursuant to subsection 10-134.02C., may perform the functions of a manager under this article except in compliance with sections 10-133 and 10-134.01.

(21) The adult cabaret shall provide training to all employees by a qualifying manager, which shall consist of:
i. A description of the clearly designated area in which patrons may be present 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 22. of this subsection.

(22) 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 clearly designated area in which patrons may be present 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, buttocks, anus or genitals of a patron, or any other person on the premises, nor may I permit any other person to touch me, directly or indirectly, in those areas.

(23) 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 possesion 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 clearly designated area in which patrons may be present for this business. I understand than an employee may not touch, directly or indirectly, the breasts, buttocks, anus or genitals of a patron or any other person on the premises, nor may the employee permit a patron to touch him or her, directly or indirectly, in those areas.

(B) An adult cabaret shall maintain on the premises at all times a hard copy file for each employe which 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 employee 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. Copy of the Police Department letter of clearance when received from the employee, or a copy of the application for the letter of clearance until the letter of clearance is received.
11. A copy of the city denial of an application filed pursuant to section 10-134.02. For all persons claiming to be deemed to possess an identification card pursuant to subsection 10-134.02C.
12. A copy of any notice received from the City that an adult cabaret performer does not qualify to perform pursuant to subsection 10-134.02C.

The file required by this subsection shall be made available for inspection on the business premises to any law enforcement officer of this state or City regulatory licensing inspections official upon demand. The adult cabaret may require the law enforcement officer or inspector to complete an inspection log with name, serial or badge number, time, date, and purpose for the inspection.

The file required by this section shall be retained on the business premises for a period of two (2) years from the last day of employment or hire.

(Ord. No. G-3671, § 2; Ord. No. G-3683, § 39; Ord. No. G-3775, § 14; Ord. No. G-4143, § 9, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 20, passed 2-6-2002, eff. 3-8-2002)

Cross reference (s) -- Topless bars, § 6-15; live sex act businesses, § 23-54; indecent conduct, § 23-65 et seq.

Secs. 10-149. Reserved

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