§ 21.2-51. Regulations for exhibition of explicit films by arcades.

Any adult arcade shall comply with the following requirements:

(a)

Restrooms shall not contain any video reproduction equipment.

(b)

It shall be the duty of the operator and manager to ensure that each viewing room is visible from a continuous main aisle and remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present in the premises and to ensure that no patron is permitted access to any areas of the premises which have been designated, in the operator's current diagram of the premises submitted under sections 21.2-27 and 21.2-42, as an area in which patrons will not be permitted. The provisions of this subsection shall not apply to any adult business that is required or elects to comply with the provisions of section 21.2-52.

(c)

The interior premises, with the exception of any viewing rooms and the aisles contiguous to each viewing room, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level. Each viewing room and the aisles contiguous to such viewing room shall be illuminated with lighting fixtures of sufficient intensity to provide an illumination of not less than 0.75 foot-candle as measured at three (3) feet above floor level. It shall be the duty of the operator and manager to ensure that the illumination described above is maintained at all times that the premises are open for business.

(d)

It shall be the duty of the operator and manager to ensure that no act of "sexual intercourse," "oral sexual contact" or "sexual contact," including masturbation, as defined in A.R.S. section 13-1401, as amended, occurs on the adult business premises.

(e)

It shall be the duty of the operator and manager to ensure that no more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.

(f)

It shall be the duty of the operator, manager and any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms to immediately remove such person from the premises.

(g)

It shall be the duty of the operator, manager and any employee who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and to prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repair of openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.

(h)

It shall be the duty of the operator and manager, during each business day, to regularly inspect the walls between viewing rooms for openings of any kind.

(i)

It shall be the duty of the operator and manager to initiate and enforce a "no loitering" policy in viewing rooms.

(j)

It shall be the duty of the operator and manager to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

(1)

That no loitering is permitted in viewing rooms.

(2)

That the occupancy of viewing rooms is limited to one person.

(3)

That sexual intercourse, oral sexual contact and sexual contact, including masturbation, are prohibited.

(4)

That the making of openings between viewing rooms is prohibited.

(5)

That violators will be required to leave the premises.

(6)

That violations of subsections (j)(1) through (j)(4) are unlawful.

(k)

It shall be the duty of the operator and manager to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.

(l)

It shall be the duty of the operator and manager to ensure that all wall surfaces and seating surfaces in viewing rooms, restrooms, or other rooms or areas providing patron privacy, are constructed of or permanently covered by nonporous, easily cleanable material.

(m)

It shall be the duty of the operator and manager to ensure that the premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:

(1)

The operator and manager shall maintain a regular cleaning schedule, documented by appropriate logs, and shall employ sufficient personnel to assure the establishment is clean.

(2)

The operator and manager shall provide an employee to check all areas for trash, body fluids and excrement and to promptly remove such materials and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least once each week. Prior to collection, solid waste shall be stored in a manner that prevents access by animals or members of the public and that will not facilitate the creation of a health nuisance.

(3)

Thorough cleaning of the entire interior of any viewing room shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, windows and other surfaces.

(n)

It shall be the duty of the operator and manager to monitor the number of occupants in each viewing room. Monitoring shall be accomplished by one of the following methods:

(1)

The manager shall designate employees to monitor the number of occupants in each viewing room by visually inspecting the interior of each viewing room at least once every thirty (30) minutes. A designated employee shall be on the premises at all times the business is open to the public. The manager shall make a record of the monitoring required by this subsection by use of video cameras and video recorders, which shall be operated continuously at all times that the premises are open for business. The manager shall make a videotape of such monitoring that shall provide a constant and current date and time display. The manager shall maintain and, upon request by any law enforcement officer or any city official whose duties are related to licensing, make available for inspection and copying the most recent seventy-two (72) hours of videotape of the monitoring required by this subsection (n)(1). Such officer or official may use the videotapes of monitoring for law enforcement and licensing purposes only. The videotapes shall be returned to the manager within thirty (30) days after delivery to the officer or official unless the videotapes are required as evidence. If the videotapes are required as evidence, the officer or official shall make a copy of the videotapes for the manager upon the manager's request. If a video camera or video recorder is not in operation for any reason, then it shall be the duty of the operator, manager and any designated employee to immediately secure each viewing room monitored by such equipment and prevent entry into the viewing room by any patron until such time as the equipment is repaired and fully operational; or

(2)

The manager shall designate employees to monitor the number of occupants in each viewing room by use of video cameras, video recorders and monitors that provide an ability to inspect the interior of each viewing room. A designated employee shall be on the premises at all times the business is open to the public. The monitors shall be installed within a manager's station of thirty-two (32) square feet or less of floor area. The video cameras, recorders and monitors shall be operated continuously at all times that the premises are open for business. The manager shall keep a record of the monitoring required by this subsection (n)(2) by making a videotape of such monitoring that shall provide a constant and current date and time display. The manager shall maintain and, upon request by any law enforcement officer or any city official whose duties are related to licensing, make available for inspection and copying the most recent seventy-two (72) hours of videotape of the required monitoring. Such officer or official may use the videotapes of monitoring for law enforcement and licensing purposes only. The videotapes shall be returned to the manager within thirty (30) days after delivery to the officer or official, unless the videotapes are needed as evidence. If the videotapes are needed as evidence, the officer or official shall make a copy of the videotapes for the manager upon the manager's request. If a video camera, monitor or recorder is not in operation for any reason, then it shall be the duty of the operator, manager and any designated employee to immediately secure each viewing room monitored by such equipment and prevent entry into the viewing room by any patron until such time as the equipment is repaired and fully operational; or

(3)

The operator and manager shall comply with section 21.2-52.

(o)

It shall be the duty of the operator and manager to ensure that any seating within a viewing room is designed so as to accommodate only one person.

(Ord. No. 2076, § 1, 5-11-99)