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(9) Alive pexfoxrnex must remain at all times a miniinum distance of 10 feet from metnbexs of <br />the audience, and must perform on a platform intended for that purpose, that mustbe raised <br />at least two feet from the level of the floor on which the audience is located. No pe>•foxmex <br />may solicit ox accept money, a tip, or other item from a member of the audience. <br />(10) No business may have booths, stalls, partitioned portions of a room; ox individual rooms, <br />except as follows: <br />(a) Restrooms are allowed as long as they axe no larger than reasonable-necessary to <br />serve the purposes of a xestroom, no other activities are provided ox allowed in the <br />rooms, and there are no chairs, benches, ox reclining surfaces in the rooms; and <br />(b) Storage rooms and private offices axe allowed, if the storage rooms and offices are <br />solely used fox running the business and no person other than the owner, manager, <br />and employees is allowed in them. <br />(11) No licensee shall operate from 11:00 p.m. Saturday to 9:00 a.m. Monday, nor shall a licensee <br />operate on any othcx day before 9:00 a.m. or after 11:00 p.m. No licensee shall operate on <br />legal holidays. <br />(12) A licensee is subject to the conditions in this section, all other provisions of this ordinance, <br />and of other applicable regulations, ordinance, ox state law. <br />(13) A licensee is responsible fox the conduct of his of her place of business and the conditions <br />of order ui it. The act of an employee of the licensed premises is deemed the act of the <br />licensee as well, and the licensee is liable for all penalties provided by this ordinance equally <br />with the employee, except criminal penalties. <br />(14) The license must be posted in a conspicuous place in the premises for which it is used. <br />(15) The layout of display and/or all public areas shall be designed so that the management of the <br />establishment and/ox law enforcement can observe all patrons at all times, while the patrons <br />are in the business, from any other public location in the business. The only exception to this <br />requirement is fox xestrooms, which shall be located within 50 feet of the public <br />entrance/exit of the building. <br />Sec. 38-457. Fee: term <br />(1) An applicant must pay the investigation fee specified in the city's fee schedule. This fee will <br />be fox the purpose of conducting a background and financial investigation of the applicant. <br />There will be no refund of the investigation fee after the investigation has begun. <br />(2) Fees fox a license axe set by ordinance on an annual basis in the city's fee schedule. <br />(3) Each license expires on December 31~` of the year in which it is issued. Fees fox licenses <br />issued during the license year will be prorated according to the number of months remaining <br />in the year. <br />S:\Administea[ion\Licenses\Sexually Oriented Business\Sexual Final Ord.doc <br />