1. A sexually oriented business license for the premises where the live entertainment is offered shall be obtained pursuant to MMC 5.48.050. Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of all stages for live entertainment; table for patron seating; one or more manager’s stations, restrooms, and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2. No alteration in the configuration of the adult cabaret premises may be made without the prior written approval of the city.

3. It is the continuing duty of the sexually oriented business licensee and/or adult cabaret owner, their agents, and sexually oriented business manager and/or adult cabaret manager to ensure that the premises and all employees, including performers, comply with the criteria set out in this chapter and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.

4. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms, and in which performers offer live entertainment.

5. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose or in which performers offer live entertainment, from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

6. Restrooms may not contain video reproduction or other image-projection equipment, or electronic sound transmission or reproduction equipment.

7. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of thirty lux semicylindrical measured at thirty inches from the floor on the ten-foot centers is hereby established for all areas of the adult cabaret premises where members of the public are admitted and where performers offer live entertainment.

8. The portion of the adult cabaret premises in which persons appear nude or seminude or where live performances characterized by the exposure of “specified anatomical areas” or the depiction of “specified sexual activities” are conducted (performance area) shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which patrons have access. A continuous railing on the floor, at least three feet in height and located at least eight feet from all points of the performance area, shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms, or stalls wherein live entertainment exposing “specified anatomical areas” and/or depicting “specified sexual activities” is provided must be visible from the common area of the premises and at least one manager’s station. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

9. It shall be the duty of the licensees to ensure that the illumination described above is maintained at all times that the premises are open for business.

10. No patron, member, or customer is permitted access to any area of the premises which has been designated as an area in which patrons, members, or customers will not be permitted.

11. There may be no acts of lewd conduct, as defined in MMC 9.06.010, on the premises of the adult cabaret.

12. No person under the age of eighteen years may be on or within an adult cabaret premises whether as a patron, member, customer, agent, employee, or independent contractor.

1. A manager shall be present on the adult cabaret premises at all times that the premises is open for business. All persons acting as managers or assistant managers must be qualified and licensed pursuant to MMC 5.48.050.

2. It is the duty of the licensee of the premises to ensure that at least one licensed manager is on duty and situated at each manager’s station at all times that the premises is open for business.

3. When a manager is on duty, he or she shall have his or her sexually oriented business manager’s license conspicuously displayed at the same location as the sexually oriented business license as required under this chapter.

4. The manager shall be responsible for verifying that any person who provides live entertainment that exposes “specified anatomical areas” or depicts “specified sexual activities” within the premises possesses a current and valid sexually oriented business performer’s license as required under this chapter.

5. The manager or assistant manager licensed under MMC 5.48.050 shall maintain visual observation of each member of the public at all times any performer is present in the public or performance area of the adult cabaret. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, each performer, each employee, and each member of the public, a manager or assistant manager licensed under MMC 5.48.050 shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult cabaret.

6. The manager shall be responsible for and shall ensure that the actions of members of the public, the performers and all other employees shall comply with all requirements of this chapter.

1. All persons acting as performers in an adult cabaret must be qualified and licensed pursuant to MMC 5.48.050.

2. When a performer is on the premises of the adult cabaret, he or she shall have his or her sexually oriented business performer’s license available for inspection.

1. No employee or performer shall appear nude or seminude on any part of the premises open to view of patrons or other members of the public, except on or in the performance area described in subsection (A)(8) of this section.

2. No patron or other member of the public shall go into or upon the performance area as described above while live entertainment is being performed.

3. No person shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, anus, pubic area, or genitals of any other person in any area of the premises.

4. No person shall allow, encourage, or permit physical contact between an employee or performer and any member of the public or patron, which contact is intended to arouse or excite sexual desires.

5. No employee or performer shall engage in sexual acts, including actual or simulated acts, of sexual intercourse, masturbation, bestiality, sodomy, oral copulation, or sexual torture, which constitute illegal conduct under MMC 9.06.010, in or in view of the premises open to patrons or members of the public.

6. No employee or performer shall use artificial devices or inanimate objects to depict any of the acts prohibited under subsection (D)(5) of this section. No employee or performer shall wear or use any device which simulates the female breast below the top of the areola, the vulva, genitals, anus, buttocks, or any portion of the pubic region or male genitals in a discernible turgid state, even if completely and opaquely covered.

7. No performer shall be visible from any public place outside the adult cabaret premises during the actual or apparent hours of his or her employment or performance on the premises.

8. No performer or other employee mingling with the patrons shall be unclothed or in such attire, costume or clothing as to expose “specified anatomical areas.” Nor shall any male performer or employee appear at any time with his genitals in a discernible turgid state, even if completely and opaquely covered.

9. No performer providing live entertainment at patron seating areas (“table dancing”) or mingling with the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four feet of the patron(s) for whom the entertainment is being provided.

This distance shall be measured from the performer’s torso to the torso of the nearest patron for whom the entertainment is provided.

10. No performer in an adult cabaret offering live entertainment shall demand, request, accept or collect all or any portion of a fee, tip or gratuity from any patron for any performance, dance, or exhibition prior to its completion.

11. No performer offering live entertainment upon any stage area may accept any form of fee, tip, or gratuity directly from any patron or member of the public. Any such consideration offered to any performer offering live entertainment upon any stage area must be placed into a receptacle provided for receipt of fees, tips and gratuities by the adult cabaret or provided through a manager on duty on the premises. Any fee, gratuity or tip offered to any performer conducting any performance, dance or exhibition in or about the non-stage area of the adult cabaret shall be placed into the hand of the performer or into a receptacle provided by the performer, and not upon the person or into the clothing of the performer.

12. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult cabaret which shall include, but are not limited to, the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into non-public areas to the extent required to perform their job duties.

13. Signs at least two feet by two feet, with letters at least one inch high, shall be conspicuously displayed in the public area(s) of the premises stating the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF MONROE. PERFORMERS ARE:

a.    NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT OR PHYSICAL CONTACT WITH PATRONS.

b.    NOT PERMITTED TO APPEAR NUDE OR SEMINUDE, EXCEPT ON STAGE.

c.    NOT PERMITTED TO PERFORM AT TABLES WITHIN FOUR FEET OF PATRONS.

d.    NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE.

e.    NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE ON ANY STAGE AREA.

1. A person who owns or operates an adult cabaret shall comply with the requirements for inspection of books and records set forth in this chapter.

2. Each adult cabaret which provides live entertainment shall maintain and retain for a period of two years the name (including all stage names and aliases used), address, and age of each person employed or otherwise retained or allowed to perform on the premises, including independent contractors and their employees, as an entertainer or performer. These records shall be open to inspection by the chief law enforcement officer or designee of the city of Monroe at any time that the adult cabaret is open for business. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.

3. Not later than March 1st of each year, the adult cabaret premises licensee shall file with the chief law enforcement officer of the city of Monroe a verified report showing the licensee’s gross receipts, amounts paid to performers, and/or amounts received from performers during the preceding calendar year together with the amount and percentage of income generated from the sale of food and beverages.