§ 34-18. Additional regulations concerning live public nudity.

(a)

It shall be a violation of this chapter for a patron, employee, or any other person knowingly or intentionally, in a sexually oriented business, to appear in a state of nudity, regardless of whether such public nudity is expressive in nature.

(b)

It shall be a violation of this chapter for a person, knowingly or intentionally, in a sexually oriented business to appear in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least six feet from any patron or customer and on a permanent immovable stage at least 18 inches from the floor.

(c)

It shall be a violation of this chapter for any employee of a sexually oriented business, while semi-nude, to knowingly or intentionally touch a customer or the clothing of a customer.

(d)

It shall be a violation of this chapter for any person to knowingly or intentionally touch an employee of a sexually oriented business or such employee's clothing or costume, while such employee is semi-nude.

(e)

A sign in a form to be prescribed by the sheriff and summarizing the provisions of subsections (a), (b), (c), and (d) of this section, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry. It shall be a violation of this chapter for an operator to operate a sexually oriented business at any time when the required sign is not posted and clearly visible to patrons entering the business.

(f)

The interior of any business that regularly features persons who appear in a state of semi-nudity shall be configured in such a manner that there is an unobstructed view from a manager's station or from a hallway accessible to all patrons to all places (and all parts of any room) where patrons are permitted access, excluding restrooms, for any purpose. In any business that regularly features persons who appear in a state of semi-nudity, no separate room, other than a restroom, where any patron is allowed access for any purpose, shall have any door that precludes viewing of all parts of any such room from a manager's station or a hallway to which all patrons are permitted access. A manager's station as described in the preceding sentences shall not exceed 32 square feet of floor area. The view required in this subsection must be by direct line of sight from the manager's station or the hallway to all parts of the room in question. It is the duty of the operator 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 operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this subsection 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. It shall be a violation of this chapter for any person to operate a business in violation of this subsection.

(g)

It is unlawful for a sexually oriented business to knowingly violate the preceding regulations or to knowingly allow an employee or any other person to violate the preceding regulations.

(Ord. No. 05-07-0573-OR, § 1(0573:18), 7-5-2005)