§ 13-79. Regulations Pertaining to Exhibition of Adult Explicit Films, Videos or Live Entertainment in Viewing Rooms., Part 8. ADULT ORIENTED BUSINESSES, Chapter 13. Licenses, Permits and General Business Regulations, Municipal Code, Code of Ordinances, Aspinwall

A person who operates viewing booths or causes them to be operated shall comply with the following requirements:

(1)

Upon application for a adult oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations 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 32 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 Borough 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)

The application shall be sworn to be true and correct by the applicant.

(3)

It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(4)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose excluding rest rooms. Restrooms may not contain video reproduction or other display equipment. 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 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. In addition, all viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.

(5)

It shall be the duty of the licensee to ensure that the view area specified in Subsection 1D above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 1A above.

(6)

No viewing room may be occupied by more than one person at a time.

(7)

The premises 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 5.0 foot candle as measured at the floor level.

(8)

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(9)

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

(10)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

(11)

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

(12)

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(13)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.