Ordinances-2002-255

Section 21 Separation of Entertainers and Customers. In the interest of safety, fire concerns, and order, entertainers performing semi-nude or revealing specified anatomical areas in an adult cabaret shall appear on a raised platform at least two (2) feet above the level of the ordinary floor level of the establishment, and be a least six (6) feet apart from any customer. Section 22. Notices. A. Any notice required or permitted to be given by the Director or any other City office, division, department or other agency under this ordinance to any applicant, operator or owner of an establishment may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit, or transfer application that has been received by the Director, or any notice of address change that has been received by the Director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Director shall cause it to be posted at the principal entrance to the establishment. B. Any notice required or permitted to be given to the Director by any person under this ordinance shall not be deemed given until and unless it is received in the office of the Director. C. It is the duty of each owner who is designated on the permit application and each operator to furnish a notice to the Director in writing of any change of residence or mailing address. Section 22. Injunction. A person who operates or causes to be operated a sexually-oriented business without a valid permit or otherwise violates this ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Section 23. Exemptions. The provisions of this ordinance shall not apply to a theatre, concert hall, art center, museum or similar establishment which is primarily devoted to the arts or theatrical performances. Section 24. Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section 25. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 26. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional.