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(1) Intent. The intent of this ordinance is to control the transmission of communicable disease which may or could occur in establishments which show videotapes, coin-operated movies or pictures to individuals in viewing booths in these establishments. This ordinance establishes standards for booth construction and regulations for customers as well as managers of these establishments to prevent the spread of communicable disease.

(2) Private Visual Presentations in Commercial Establishments. Commercial establishments which offer private viewing of movies, tapes, slides, pictures or live performances of any kind must comply with the following requirements:

(a) Booth Access. Each booth shall be totally accessible to and from aisles and public areas of the establishment. Access to a booth shall be unobstructed by doors, locks or other control-type devices and open to an unobstructed view by the individual manager, supervisor, clerk, owner or employee responsible for the operation of the establishment.

(b) Booth Construction.

1. Any booth used to view a movie, tape, slide, picture or live performance of any kind must be so constructed as to discourage sexual activity and the spread of communicable disease by including, but not being limited to the following requirements:

a. Every booth shall be separated from adjacent booths and any nonpublic areas by a wall.

b. Every booth shall have at least one side totally open to a public and a lighted aisle so that there is an unobstructed view at all times of anyone occupying the booth.

c. All walls shall:

1Be solid, without any openings.

2Extend from the floor to a height of not less than six (6) feet.

3Be light-colored, non-absorbent, smooth-textured and easily cleanable.

2. The floor must be light-colored, non-absorbent, smooth-textured and easily cleanable.

3. The lighting level of each booth when not in use shall be a minimum of 10 foot candles at all times.

(c) Booth Occupants. Only one individual shall occupy a booth at any time. No individual occupying a booth shall, at any time, engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.

(d) Operator Responsibility. It shall be the responsibility of the owner, lessee, operator, licensee and employees of the establishment to:

1. Maintain the premises in a clean and sanitary manner at all times.

2. Maintain at least 10 foot candles of light in the public portions of the establishment, including aisles, at all times.

3. Insure compliance of the establishment and its patrons with the provisions of this section.

4. Post the regulations concerning booth occupancy on signs, with lettering at least one inch high, that are placed in conspicuous areas of the establishment and in each of the viewing booths.

(3) Enforcement. Both the health department and the sheriff’s department shall have the authority to inspect the premises during operating hours and to enforce the provisions of this section.

(4) Penalty.

(a) Conviction. Upon conviction of a violation of this section, violators shall be fined not less than $50 nor more than $1,000. Each and every act of violation shall constitute a separate offense. Each day of violation, disobedience, omission, neglect or refusal shall constitute a separate offense. Upon default of payment, the violator shall be imprisoned no less than three (3) days nor more than thirty (30) days.

(b) Public Nuisance. Violation of any provision of this section constitutes a public nuisance.

(5) Severability and Non-Liability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

(6) Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. [Code § 9.10.3, 2018.]